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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Curtis Graylin Simmons, CV 03-2172-PHX-NVW
l0 Petitioner, E ORDER
l 1 vs.
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Dora Schriro; Arizona Attorney General,
13 Respondents. i
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I6 The Superior Court on May S, 2007, denied Petitioner’s April 16, 2002 Motion for
I7 Reconsideration filed in that court and which was the subject of the Court of Appeals’
18 remand to this court (doc. # 26). A copy of that minute order is attached to this order.
19 IT IS THEREFORE ORDERED that the stay entered by the order of September 7,
_ 20 2007 (doc. # 35) is vacated. I
, 21 IT IS FURTHER ORDERED that attorney Gail Natale, Petitioner’s counsel in the
22 prior appeal, is appointed under the Criminal Justice Act as counsel for Petitioner for the
23 proceedings in this court ordered below.
24 IT IS FURTHER ORDERED that Petitioner file a brief by June 5, 2007, _
25 addressing what action, if any, should be taken in this proceeding in light of the Superior
26 Court’s order of May 8, 2007, to comply with the mandate of the Court of Appeals.
. 27 Respondent shall tile a response brief within l0 court days of service of Petitioner’s brief
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Case 2:03—cv—02172-NVW Document 42 Filed 05/16/2007 Page 1 of 3
1 IT IS FURTHER ORDERED that the Clerk serve a copy of this order on attorney
2 Gail Natale and upon the Federal Public Defender in addition to the parties in this
3 proceeding. _
4 DATED this IS"' day of May 2007.
5 P! -
6 4 g nj V MAJ
7 Neil V. Wake
S United States District Judge
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Case 2:03—cv—02172-NVW Document 42 Filed 05/16/2007 Page 2 of 3
Michael K. J eanes, Clerk of Court
*** Electronically Filed ***
05/ 14/2007 8:0*0 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CR 2000-004204 05/0 8/2007
CLERK OF THE COURT
HON. MICHAEL O. WILKINSON M.L. Harris
Deputy
STATE OF ARIZONA SUR] GUNTAKA REDDY
v.
CURTIS GRAYLIN SIMMONS (A) CURTIS GRAYLIN SIMMONS
ADOC#35 849 ASPC PERRYVILLE
SANTA ROSA UNIT
P O BOX 3500
‘ GOODYEAR AZ 85338
MARIA L SCHAFFER
ORDER
The Court has received and considered det`endant’ s pro se Motion for Reconsideration.
This is the April 16, 2002 Motion for Reconsideration. Court has reviewed the document and the
tile.
IT IS ORDERED denying the Motion for Reconsideration.
Docket Code 023 F¤Fm ROUOA Page 1
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