Free Order - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT -
7 FOR THE DISTRICT OF ARIZONA
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9 Wiiiiam Floyd Smith, No. CV 04-573-PHX·FJM (MS) _
1 0 Petitioner, l
11 vs. ORDER
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13 Dora B. Schriro, etal.,
14 Respondents. _
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16 In its Order dated July 25, 2005, the Court granted Petitioner's "Motion
17 for Leave to Amend" tiled July 19, 2005 "to the extent provided herein." If Petitioner
18 desired to dismiss Ground V, VII, and VIII ofthe Petition tiled March 22, 2004 (Doc.
19 # 1), he was authorized to tile a Motion to Dismiss those claims. The Motion
20 for Leave to Amend was granted "to the extent that the Court will require Petitioner
21 to file a motion to dismiss that delineates, with specificity, which unexhusted
22 claims he seeks to dismiss from the Petition" (emphasis added).
23 Petitioner, following his own self—determined charter, has failed to follow the
24 Court's direction and has instead lodged a new document. The proposed First
25 Amended Petition does delete Ground V, VII and VIII. However, Ground VI, a claim
26 of ineffective assistance of counsel under the Sixth Amendment to the Constitution
27 has been re-alleged (with some portions deleted) as Ground Vin the proposed First
28 Amended Petition. Petitioner appears to have dropped sub-paragraphs M-Z
Case 2:04-cv-00573-FJM Document 29 Filed 08/05/2005 Page 1 of 2

1 inclusive and AA and BB on pages 10b-10f of the Original Petition. These
2 allegations are therefore deemed dismissed as are Ground V, VII and VIII of the
3 Original Petition tiled March 22, 2004 (Doc. # 1).
4 IT IS THEREFORE ORDERED that:
5 1. Petitionefs proposed First Amended Petition lodged on July 27, 2005
6 shall be tiled as of the date of the filing of this Order.
7 2. Respondents shall have 30 days from the date of the tiling of this Order
8 to tile an Answer.
9 3. Petitioner shall have 30 days from the tiling of the Answer to tile a
10 Reply. l _
11 DATED this Q nd day of August, 2005.
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16 United Sta§.=;0ISl§gisg·;te Judge
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Case 2:04-cv-00573-FJM

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Case 2:04-cv-00573-FJM

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