Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Dora Schriro, et al., 13 Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Curtis Graylin Simmons, Petitioner, ) ) ) ) ) ) ) ) ) ) ) CV 03-02172 PHX NVW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

At the hearing on October 16, 2007, the court directed the parties to file supplemental briefs on whether the contentions raised in Petitioner's first state court post-conviction relief motion are different from the contentions that this court alternatively decided and rejected on the merits in its previous ruling in this federal habeas corpus case. Counsel were not able to commit to filing such briefs for a lengthy period of time. Upon further reflection, the court concludes that it does not need further briefs from counsel. The court can examine the two identical state court motions for post-conviction relief and determine for itself whether a second federal habeas corpus petition would be repetitive of the one this court alternatively denied on the merits. The court of appeals retained jurisdiction in this case, and though the passage of time has not been the fault of counsel or of this court, the court of appeals will be better served by a prompt decision in this court. IT IS THEREFORE ORDERED that the order of October 16, 2007 (doc. # 69) is vacated to the extent it called for further briefs. Any party wishing to submit a further brief
Case 2:03-cv-02172-NVW Document 70 Filed 10/23/2007 Page 1 of 2

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may do so by November 2, 2007. The court will rule on the Motion for Stay (doc. # 52) thereafter. DATED this 23rd day of October 2007.

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