Cruz v. Ryan et al

Filing 54

ORDER granting 53 Ex Parte Sealed Motion for Leave to Provide Legal Representation in State Court Postconviction Proceedings. It is Order federally-appointed counsel is authorized to represent Petitioner in state court for the purpose of seeking state post-conviction relief under Rule 32 of the Arizona Rules of Criminal Procedure. Signed by Judge Jennifer G Zipps on 9/27/2016.(MFR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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John Montenegro Cruz,
Petitioner,

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v.

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No. CV-13-00389-TUC-JGZ
DEATH PENALTY CASE

Charles L. Ryan, et al.,

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ORDER

Respondents.

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Before the Court is Petitioner’s request for authorization of federal habeas counsel

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to appear in state court litigation. (Doc. 53.) Having reviewed the motion, the Court finds

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good cause to permit Petitioner’s federally-appointed counsel to represent him in a

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successive state post-conviction proceeding under Rule 32 of the Arizona Rules of

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Criminal Procedure. See 18 U.S.C. § 3599(e); Harbison v. Bell, 556 U.S. 180, 190 n.7

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(2009). By granting Petitioner’s motion, the Court does not convey any position with

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respect to the merits of the proposed litigation.

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Based on the foregoing,
IT IS ORDERED that Petitioner’s Ex Parte Motion for Leave to Provide Legal
Representation in State Court Postconviction Proceedings (Doc. 53) is GRANTED.
Federally-appointed counsel is authorized to represent Petitioner in state court for the
purpose of seeking state post-conviction relief under Rule 32 of the Arizona Rules of
Criminal Procedure.

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Dated this 27th day of September, 2016.

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Honorable Jennifer G. Zipps
United States District Judge

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