Whittle v. Cimino et al

2:23-cv-02219 | Arizona District Court

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Division Phoenix
Judge Judge Krissa M Lanham
Filed Oct. 25, 2023
Case Flags CASREF, DTE, and HABEAS
Magistrate Magistrate Judge Michael T Morrissey
Nature of Suit 530 Habeas Corpus
Cause 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demand None
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Filing Date # Docket Text
3/27/2025Clerks Judgment
3/27/2025 ORDER ADOPTING REPORT AND RECOMMENDATION in part re: 14 Report and Recommendation. The Petition (Doc. 1 ) is DISMISSED WITHOUT PREJUDICE based on a lack of jurisdiction. The Clerk shall enter a judgment of dismissal without prejudice and close th is case. A certificate of appealability and leave to proceed in forma pauperis are DENIED because dismissal of the petition is justified by a plain procedural bar and reasonable jurists would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge Krissa M Lanham on 3/26/25. (DXD)
12/4/2024Reply to Objection to Report and Recommendation
10/22/2024Order on Motion for Extension of Time to File Response/Reply
10/20/2024Extension of Time
10/11/2024Report and Recommendation
8/7/2024~Util - Add and Terminate Judges
4/12/2024Reply to Response to Habeas Petition (State/2254)
3/15/2024Response to Habeas Petition (State/2254)
1/12/2024Order on Motion for Extension of Time to Answer
1/11/2024Extension of Time to File Answer
12/15/2023NOTICE of Appearance by Brian Roy Coffman on behalf of Attorney General of the State of Arizona, Michael Cimino. (Coffman, Brian) (Entered: 12/15/2023)
12/11/20235Notice of Receipt of Electronic Service of Petition for Writ of Habeas Corpus by Arizona Attorney General on 12/06/2023. The Attorney General's Office will file a Notice of Appearance within five (5) business days that identifies the respondents that are represented or, in the alternative, will notify the Court if the Attorney General is not able to accept service for and/or represent any of the named respondents. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Nielsen, Jim) (Entered: 12/11/2023)
12/11/2023Notice of Receipt of E-Service by AZ AG
12/6/2023Arizona Attorney General Service Order (2254) The Arizona Attorney General is dismissed. Petitioner's Motion to Seal (Doc. 3 ) is denied without prejudice. The Clerk of Court must serve a copy of the Petition (Doc. 1 ), the accompanying exhibits (Docs. 3-1 through 3-4), and this Order on Respondent pursuant to Rule 4, Rules Governing Section 2254 Cases. Respondent must answer the Petition within 40 days of the date of service. Respondent must not file a dispositive motion in place of an answer. Petitioner may file a reply within 30 days from the date of service of the answer. This matter is referred to Magistrate Judge Michael T. Morrissey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. See document for complete details. Signed by Judge Michael T Liburdi on 12/6/2023. (Attachments: # 1 Petition, # 2 Federal Habeas Memo, # 3 Court of Appeals Special Action, # 4 Supreme Court Petition for Review, # 5 Supreme Court Petition for Review Appendix)(WLP) (Entered: 12/06/2023)
10/25/2023*MOTION to Seal Document 1 Petition for Writ of Habeas Corpus (State/2254) attached documents by Harold Day Whittle. (Attachments: # 1 Attachment Federal habeas memorandum with exhibits, # 2 Attachment Court of Appeals special action with exhibits, # 3 Attachment Supreme Court Petition for Review, # 4 Appendix Supreme Court Petition for Review Appendix)(Witt, Lise) *Modified to Seal Attachments Pending Ruling on Motion to Seal Pursuant to NKS (Ops Sup) on 10/26/2023 (MAP). *Modified to Unseal Pursuant to Doc. 4 , Motion to Seal Denied on 12/6/2023 (MAP). (Entered: 10/25/2023)
10/25/2023NOTICE OF ASSIGNMENT (ARC) (Entered: 10/25/2023)
10/25/2023 PETITION for Writ of Habeas Corpus (State/2254). Filing fee received: $ 5.00, receipt number AAZDC-22425173 filed by Harold Day Whittle. (Witt, Lise)(ARC) (Entered: 10/25/2023)