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Tatum v. Ryan, CV-15-711-PHX-DJH (BSB). (2016)

Court: District Court, D. Arizona Number: infdco20160404814 Visitors: 21
Filed: Apr. 01, 2016
Latest Update: Apr. 01, 2016
Summary: ORDER DIANE J. HUMETEWA , District Judge . This matter is before the Court on Petitioner's Motion to Stay Federal Proceedings; Motion for Authorization to Represent Petitioner in Post-Conviction Proceedings (Doc. 25) and the Report and Recommendation ("R&R") issued by United States Magistrate Judge Bridget S. Bade (Doc. 27). Petitioner is represented by counsel in this case. Petitioner's counsel asserts in the motion to stay that Respondents do not oppose the motion. Judge Bade has explain
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ORDER

This matter is before the Court on Petitioner's Motion to Stay Federal Proceedings; Motion for Authorization to Represent Petitioner in Post-Conviction Proceedings (Doc. 25) and the Report and Recommendation ("R&R") issued by United States Magistrate Judge Bridget S. Bade (Doc. 27). Petitioner is represented by counsel in this case. Petitioner's counsel asserts in the motion to stay that Respondents do not oppose the motion.

Judge Bade has explained the procedural history and status of this habeas case in the R&R and the Court need not repeat it here. After consideration of the matter, Judge Bade recommends that Petitioner's motion be granted.

Judge Bade advised the parties that they had fourteen days to file objections and that the failure to file timely objections "may result in the acceptance of the Report and Recommendation by the District Court without further review." (Doc. 27 at 3) (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). Although the time for objections has not expired, the Court sees no need to wait for the deadline before ruling given that the parties are in agreement on this issue.

The Court has reviewed the R&R and agrees with its findings and recommendations. In light of the parties' agreement that a stay is warranted here, and Judge Bade's well-reasoned recommendation to grant the request, the Court will accept the R&R and grant the motion. See 28 U.S.C. § 636(b)(1)(C) ("A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge."); Fed.R.Civ.P. 72(b)(3) (same).

Accordingly,

IT IS ORDERED that Magistrate Judge Bade's R&R (Doc. 27) is accepted and adopted as the order of this Court.

IT IS FURTHER ORDERED that the Petitioner's Motion to Stay Federal Proceedings; Motion for Authorization to Represent Petitioner in Post-Conviction Proceedings (Doc. 25) is GRANTED.

IT IS FURTHER ORDERED that this matter is STAYED under the terms set forth in the R&R (Doc. 27 at 2-3).

IT IS FINALLY ORDERED that, while the stay is in place, Petitioner's CJA counsel, Sarah Stone, is authorized to represent Petitioner in a petition for writ of certiorari and state post-conviction proceedings resulting therefrom.

Source:  Leagle

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