Free Order on Motion to Stay - 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

The court has considered Petitioner's Motion to Reimpose Stay and for Clarification of Counsel's Role (doc. # 43). The court will grant the motion to reimpose stay. Petitioner's renewed request that this court appoint counsel for the state court proceedings, like the prior request, is not supported by any legal authority that this court may properly use Criminal Justice Act funds for that purpose. Nor has Petitioner addressed the reasons the court originally gave for not appointing and compensating counsel with federal funds for the State court proceedings. Nor has Petitioner sought appointment of his current counsel by the State court, or appointment of other counsel, as far as this court can tell. The court would consider such a motion if supported by authority and reasons, but this motion offers neither. IT IS THEREFORE ORDERED that Petitioner's Motion to Reimpose Stay and for Clarification of Counsel's Role (doc. # 43) is granted to the extent that the stay of these proceedings is reinstated pending Petitioner's exhaustion of state court remedies or until further order of this court. The motion is denied to the extent it requests this court to appoint counsel from federal funds for the State court proceedings.
Case 2:03-cv-02172-NVW Document 44 Filed 05/22/2007 Page 1 of 2

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IT IS FURTHER ORDERED that the order entered May 16, 2007 (doc. # 42) is vacated. IT IS FURTHER ORDERED that Petitioner shall file a status report concerning the State court proceedings by the end of every January and July, beginning January 2008, until the State court proceedings are concluded. DATED this 21st day of May 2007.

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