Free Motion to Dismiss Counts/Claims - District Court of Arizona - Arizona

E- ILED __ LQDG
____ RECEIVED __ COPY
]_ William Floyd Smith # 130587 AUG 0 9 Zggi
2 Arizona State Prison Complex-Florence/ 362 CLERK U S DISTFHCT coun
B onsrsm OF Anszom
3 Post office Box 0400
_ 4 Florence, Az. 85232
5
IN UNITED STATES DISTRICT COURT
6 . M
7 » FOR THE DISTRICT OF ARIZONA - y
8 WILLIAM FLOYD SMITH I
Case No.
9 I Petitioner, .
CIV 04-573-PHX-FJM (Ms)
10 -vs-
11 nom 0. scamnoi,. Director M
Arizona Department of Corrections Mf)‘1'ION TD DISMISS
12 E · I unExHAUs·m> cumus
13 R‘*“P°“d°“t'» FRG! PEI'I'I'I(]!·IER'S .
14 mr Arrouurr GENERAL or Anxzorm A HABFAS OORPUS .
· · PEITTION
15 Additional Respondent,
-
16 Now into Court comes William Floyd Smith, the petitioner, appearing
17 through pro se representation and respectfully requests t.his Court dismiss, I
18 delete, and remove the following specific clains from his Petition for Writ.
019 of Habeas Corpus petitioner believes to be unexhausted for the purpose 1
20 of Federal I-Iabeas Review. -
1 21 In accordance with this Court's order of July 25, 2005 , (recieved by ‘
22 _the petitioner on July 30, 2005) , in which the Court responds to peti- .· ·.
23 tioner's Motion for Leave to Amend his 28 U.S.C §2254 Habeas Corpus Petition
24 filed July 19, 2005, petitioner submits this requests to remove claims from
25 the petition which he believes to be unexhausted and as defined in speci-
26 ficity as follows and as ordered by this Court.
27 RFSPECIFULLY this 45, day of. August , 200 .
28 _
Case 2:04-cv—OO573-FJIVI Doopment31Wi1]i§%1 0:8959/L$5’0Sh> Page1 of4
Petitioner pro se.

J Case Ho. CIV 04-573-PHX-FJM (MS)
l As in previous pleadings, petitioner must note for the Court that he
2 has no point of reference on which to rely as to form or contents of this
3 pleading, no attorney from whom to seek sdvice, and no access to a law li-
4 hrary in which to research procedural requirements of this Motion to Dismiss
5 unendmausted claims from this petition. With this in mind, petitioner l
6 moves, though with [absolute reluctance] to dismiss the following unexhaus—
7 ted claims [in specificity] from his Habeas Petition [without prejudice].
8 Petitioner begs this G0urt's indulgence as to presentation.
-
10
11 p
12 PEI'I'l'IONER wishes to remove the following [unexhausted].;c1aims ’from U
- 13 -his petition for Writ of Habeas Corpus.
14 IN SPEC1'jE'ICI'I'Y:: .
15 mzomm V (A)(B)(C)(D)(E)(F)(G)(H)(I)(J)(K)(L)
16 yy Egg]: to due Et__gt_t__§s of 1aw as gugattaaa y the 14th. Amendment.
17 'Ihis is a prosecutorial misconduct claim that could not be developed during
18 trial court Rule 32 proceedings but winch was presented to the Arizona
19 of Appeals in a pttitm. f¤r;resdew.(rewr1ew denied)
20 GROUBD vi (M)(N>(0>(P>(T><¤>(v)(z>—-(AA)(BB). p
21 [Ig Lij t to have effective assistence of trial counsel as guganteed E
22 px the 6 th. Amendnent.
23 These are ineffective assistence of trial counsel and Direct Appeals counsel
24 issues that could¤ not obedeveloped during trial court Rule 32 proceedings
. 25 but which were presented to the Arizona Court of Appeals in a petition for
26 Ireview. (review denied).
27
28
2
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Case No. CIV 04-573-PHX-FJM (MS)
2 GROUND VII (A)(B)(C)(D)(E)(F)(G)(H)(I)(J)
3 gy right to due es_s of law on my Qgllt of a as guaranteed
ly. the 14 th. Amendment.
5 This is a claim that petitioner was denied meaningful access to the courts
6 because prior trial counsel and/or Direct Appeals Attorney lost, misplaced,
7 or threw away petitioner's copy of all evidentiary that was submitted to the
8 jury during trial. Docunents were never found. _ Not presented to the trial
9 court in Rule 32 proceedings but were presented to the Arizona of v_ __
]_() Appeals in a petition for review. (review denied).
11 GROUND VIII (A)(B)(G)(D)(E)(F)(G)(H)(I)(J)(K)(L)(M)
12 yy gggt to due ‘ s of law as ggganteed g the 14 th. Amendment.
13 'I‘his is a claim that petitioner's voluntary statement to the police was
14 mechanically faulty and should not been used at trial of the _ _
15 rmintelligible contents. Not presented to the trial court in Rule 32
16 proceedings because of loss of evidentiary but was presented to Arizona
17 Court of Appeals in apetition for review; (review denied). ·
18 1us1=12:c·m11.LY su1su1·1·1n>. rms 5 day of egg? , 2005. `
19 0 n A . e
20 2 A y 2
21 * {
22 y William maya smith, 2 y
23 Petitioner pro se.
24
25
26 . _
27 V
28
3
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e
\ • i` l Ji
i case N0. cw O4-573-Pl-lX—FJM (Ms)
2 1
2 Certificate of Service
3 I e
4 I hereby certify that the foreeoingiwas mailed
5 th-is X day of .. ` _ , 2005. I
6 .
1 7 1 S original and 3 copies of this document to::
8 .
U.S. District Court Clerk
9 ...U..S.YGourthouse, Suite 321
401 West Washington Street, SPC 10
10 swam, Az. asoca- S S
,_; 11 _ ____ _ _ ....... .
12 _ S1-- ------cop cument mailed to:_: ‘
14 ·
15 " `
U 16 , ..
17
S 18 Aaron J. Moskowitz
Assistant Attorney General
19. Crimnzinal Appeals seems y
1275 West · e
20 Phoenix, Az. 85007
2 21
22 . ` l
23 William Floyd Smith, I
24 T Petitioner Pro se.
25 S
27 ieei it i i
28 .
4 .
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