Stedman v. Arizona, State of et al

Filing 22

ORDER: The Report & Recommendation filed April 4, 2013 21 is ADOPTED and CONFIRMED and made a part of this Order. The Amended Petition for Writ of Habeas Corpus 8 is DISMISSED with prejudice. The Motion to Withdraw as Attorney 17 is DENIED as moot. The Motion to Dismiss the Amended Petition 18 is GRANTED. The Clerk of Court is instructed to close this case administratively as to Charles Ray Stedman. Signed by Judge A Wallace Tashima on 5/31/2013. (ALS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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CHARLES RAY STEDMAN,
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Petitioner,
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v.
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STATE OF ARIZONA, et al.,
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Respondents.
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No. 4:10 cv-557 AWT
ORDER

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Pending before the court is a Motion to Dismiss the Amended Petition as Moot.

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(Doc. 18). In the Motion, petitioner’s counsel relayed his belief that the petitioner had

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died. The respondents then confirmed that the petitioner had indeed died in August of

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2012. (Doc. 20). Magistrate Judge Pyle issued a Report & Recommendation

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recommending that (1) the Motion to Dismiss be granted and (2) the Motion to Withdraw

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as Attorney (Doc. 17) be denied as moot. The court agrees with these recommendations.

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Accordingly, IT IS ORDERED:
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The Report & Recommendation filed April 4, 2013 (Doc. 21) is ADOPTED

and CONFIRMED and made a part of this Order.

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2.

The Motion to Dismiss the Amended Petition (Doc. 18) is GRANTED.

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3.

The Amended Petition for Writ of Habeas Corpus (Doc. 8) is DISMISSED

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with prejudice.

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The Motion to Withdraw as Attorney (Doc. 17) is DENIED as moot.

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The Clerk of Court is instructed to close this case administratively.

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DATED this 31st day of May, 2013.

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