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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 John Montenegro Cruz, Petitioner, 10 11 v. 12 No. CV-13-00389-TUC-JGZ DEATH PENALTY CASE Charles L. Ryan, et al., 13 ORDER Respondents. 14 Before the Court is Petitioner’s request for authorization of federal habeas counsel 15 to appear in state court litigation. (Doc. 53.) Having reviewed the motion, the Court finds 16 good cause to permit Petitioner’s federally-appointed counsel to represent him in a 17 successive state post-conviction proceeding under Rule 32 of the Arizona Rules of 18 Criminal Procedure. See 18 U.S.C. § 3599(e); Harbison v. Bell, 556 U.S. 180, 190 n.7 19 (2009). By granting Petitioner’s motion, the Court does not convey any position with 20 respect to the merits of the proposed litigation. 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1 2 3 4 5 6 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. 7 8 Dated this 27th day of September, 2016. 9 10 11 Honorable Jennifer G. Zipps United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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