Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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record upon remand when jurisdiction again was vested in the District Court. On November 29, 2005, the Ninth Circuit Court of Appeals entered its Order granting Petitioner's Motion for Limited Remand and remanding the case "to district court so it may rule upon appellant's motion for relief of judgment." 9. On May 4, 2006, the District Court entered its Order rejecting the Magistrate

Judge's R&R,2 finding Petitioner's Habeas Petition to have been timely filed, and returning the matter to the docket of the Magistrate Judge for further proceedings.3 10. Undersigned counsel is uncertain whether the Court now intends her appointment

to be extended to encompass further proceedings on the merits of Petitioner's Habeas Petition unrelated to the statute of limitations issue underlying the evidentiary hearing on which undersigned counsel originally was appointed or whether the Court intended Petitioner to return to his previous pro se status upon final disposition of the Magistrate Judge's R&R; and 10. On July 5, 2005, believing her representation of Petitioner at the district court level

to have been terminated at that time, on July 5, 2005, undersigned counsel submitted her final CJA 20 voucher for payment, on which she since has been paid. As such, should the Court desire undersigned counsel's continued representation of Mr. Waterman for all further proceedings at the district court level, issuance of a new CJA 20 voucher likely will be required. For the foregoing reasons, counsel for Petitioner, Tonya J. McMath, respectfully moves this Court for a determination of counsel regarding further proceedings on Petitioner's Habeas Petition at the district court level. Respectfully submitted this 11th day of May, 2006.

The District Court's most recent Order did not address its earlier Order granting Petitioner's Rule 60(B) Motion at a time when the District Court lacked jurisdiction to do so as the case was pending appeal. This issue forms the subject of a separate Motion to Re-enter Rule 60(b) Relief filed contemporaneously herewith. Due to the retirement of the originally assigned Magistrate Judge, Morton Sitver, a Minute Order was entered on May 4, 2006 referring the matter to Magistrate Judge David K. Duncan.
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Case 2:02-cv-02368-JWS Document 103 Filed 05/11/2006 Page 1 of 2

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 J. D. Nielsen Assistant Attorney General 1275 West Washington Phoenix, AZ 85007 By /s/ T. McMath Copy of the foregoing filed/delivered via the CM/ECF system this 11th day of May, 2006 and delivered to the following ECF registered recipients:

By /s/ Tonya J. McMath Tonya J. McMath Attorney for Petitioner

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Case 2:02-cv-02368-JWS Document 103 Filed 05/11/2006 Page 2 of 2