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Day v. Ryan

United States District Court, Ninth Circuit

August 7, 2013

Richard R. Day, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

ORDER

G. MURRAY SNOW, District Judge.

Petitioner Richard R. Day, who is confined in the Arizona State Prison Complex-Tucson, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) and has paid the $5.00 filing fee. The Court will require an answer to the Petition.

I. Petition

Petitioner was convicted in Maricopa County Superior Court, case #CR XXXX-XXXXXX-XXX, of First-Degree Murder and was sentenced to a term of imprisonment of 25 years to life. In his Petition, Petitioner names Charles L. Ryan as Respondent and the Arizona Attorney General as an Additional Respondent.

Petitioner raises two grounds for relief:

(1) Petitioner received ineffective assistance of counsel; and
(2) The prosecution withheld potentially exculpatory evidence in violation of Brady v. Maryland.

It is unclear whether Petitioner has exhausted these claims in state court. However, even if the exhaustion requirement has not been met, it appears that any unexhausted claims may be procedurally barred. In light of the possibility of procedural bar, a summary dismissal would be inappropriate. See Castille v. Peoples, 489 U.S. 346, 351-52 (1989) (remanding where petitioner failed to exhaust claims and it was not clear whether the claims were procedurally barred). Accordingly, the Court will require Respondents to answer the Petition. 28 U.S.C. § 2254(a).

II. Warnings

A. Address Changes

Petitioner must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action.

B. Copies

Petitioner must serve Respondents, or counsel if an appearance has been entered, a copy of every document that he files. Fed.R.Civ.P. 5(a). Each filing must include a certificate stating that a copy of the filing was served. Fed.R.Civ.P. 5(d). Also, Petitioner must submit an additional copy of every filing for use by the Court. LRCiv 5.4. ...


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