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
Case 2:03-cv-02172-NVW Document 64 Filed 08/23/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Curtis Graylin Simmons, Petitioner, vs.

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CV 03-02172 PHX NVW ORDER

IT IS ORDERED that Respondents file by September 12, 2007, a sur-reply to the Reply to State's Response to Simmons's Motion to Continue Stay (doc. # 59), stating Respondents' positions on the points advanced in the Reply. The sur-reply should also address whether dismissal of the petition at this time will leave a later federal habeas petition a second successive petition requiring leave of the Court of Appeals and, if so, whether Petitioner is at serious risk that the Court of Appeals would deny leave to file it. IT IS FURTHER ORDERED setting oral argument on Petitioner's Motion to Continue Stay (doc. # 52) for September 21, 2007, at 2:00 p.m. DATED this 22nd day of August 2007.