1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The court has reconsidered its earlier order (doc. # 44) reimposing the stay of these proceedings "pending exhaustion of state court remedies." The order was entered without awaiting a response for Respondents. The court will benefit from briefing on the effect upon the proceedings in this court of the Superior Court's May 8, 2007 ruling denying Petitioner's original motion for reconsideration in that court. IT IS THEREFORE ORDERED that Petitioner file a brief by June 22, 2007, addressing what action, if any, should be taken in this proceeding in light of the Superior Court's order of May 8, 2007, to comply with the mandate of the Court of Appeals. Respondent shall file a response brief within 10 court days of service of Petitioner's brief. /// /// /// ///
Case 2:03-cv-02172-NVW Document 47 Filed 06/04/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
) ) ) Petitioner, ) ) vs. ) ) Dora Schriro; Arizona Attorney General, ) ) ) Respondents. ) ) Curtis Graylin Simmons,
CV 03-02172-PHX-NVW ORDER
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IT IS FURTHER ORDERED that the Clerk serve a copy of this order on attorney Gail Natale and upon the Federal Public Defender in addition to the parties in this proceeding. DATED this 4th day of June 2007.
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