Name: Wolfe v. Schriro, et al :: Arizona District Court :: Federal Civil Lawsuit No. 2:03-cv-01403, Judge Frederick J Martone presiding
Creator: Arizona District Court
Published: 2003-07-23
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Arizona District Court

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54	Filed: 9/11/2006, Entered: 9/11/2006	Order of 9th Circuit
	ORDER of 9th Circuit (certified copy), request for certificate of appealability denied, appeal terminated, appeal case number 05-17179, as to [49], [45] Notices of Appeal (REW, )


53	Filed: 9/7/2006, Entered: 9/7/2006	Appeal Record Returned
	Appeal Record Returned: [49] Notice of Appeal, [45] Notice of Appeal,, Number of Volumes of Clerks Records: 1, Number of Bulky Documents: 4, Docket numbers of Bulky Document:34-36,39, Number of Expandos: 1 (DMT, )


52	Filed: 12/5/2005, Entered: 12/5/2005	USCA Case Number
	Ninth Circuit Case Number 05-17179 for [49] Notice of Appeal. (REW, )


51	Filed: 11/10/2005, Entered: 11/10/2005	Notice of Appeal - Notification Form
	Notice of Appeal Notification Form; Notice of Appeal transmitted to Ninth Circuit and all parties re [49] Notice of Appeal, (copy of.pdf document associated with COA denial sent 11/4/05) (REW, )


49	Filed: 11/4/2005, Entered: 11/4/2005, Terminated: 9/11/2006	Notice of Appeal
	NOTICE OF APPEAL to 9th Circuit, by Arthur Scott Wolfe. Filing fee $ 255. (Phalen, Thomas)


48	Filed: 11/4/2005, Entered: 11/4/2005	Notice of Appeal - Notification Form
	Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet transmitted to Ninth Circuit and all parties re [45] Notice of Appeal, (REW, )


47	Filed: 11/4/2005, Entered: 11/4/2005	Certificate of Record
	CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re [45] Notice of Appeal, (REW, )


46	Filed: 11/4/2005, Entered: 11/4/2005	Certificate of Appealability Denied
	Certificate of Appealability Denied. Probable cause does not exist for the appeal. Applicant has not made a substantial showing of the denial of a constitutional right; re denying [44] MOTION for Certificate of Appealability, [45] Notice of Appeal . Signed by Judge Frederick J Martone on 11/3/05. (REW, )


--	Filed: 11/4/2005, Entered: 11/10/2005	USCA Appeal Fees
	USCA Appeal Fees received $255 receipt number PHX 035156 re [49], [45] Notice of Appeal (REW, )


--	Filed: 11/4/2005, Entered: 11/4/2005	Appeal Record Sent to USCA
	Transmitted Record on Appeal to 9th Circuit re [45] Notice of Appeal,. Number of Volumes of Clerk's Record: 1; Number of Bulky Documents: 4; Docket Numbers of Bulky Documents: #34, 35, 36, 39; Number of Expandos: one; (REW, )


45	Filed: 10/27/2005, Entered: 11/4/2005	Notice of Appeal
	NOTICE OF APPEAL to 9th Circuit, as to [43] Clerk's Judgment, [42] Order Adopting Report and Recommendations, by Arthur Scott Wolfe. (NOTE: no separate Notice of Appeal filed; no.pdf document attached to this entry; event docketed for System tracking purposes) (REW, )


44	Filed: 10/27/2005, Entered: 10/27/2005, Terminated: 11/4/2005	Motion for Certificate of Appealability
	MOTION for Certificate of Appealability by Arthur Scott Wolfe. (Phalen, Thomas)


43	Filed: 10/19/2005, Entered: 10/19/2005	Clerks Judgment
	CLERK'S JUDGMENT-IT IS ORDERED DENYING Petitioner's First Amended Petition for Writ of Habeas Corpus (doc. 15). IT IS FURTHER ORDERED denying Petitioner's Second Amended Petition for Writ of Habeas Corpus (doc. 31). (TLJ, )


41	Filed: 9/15/2005, Entered: 9/15/2005	Objection to Report and Recommendations
	OBJECTION to [40] Report and Recommendations on Petition for Writ of Habeas Corpus filed by Arthur Scott Wolfe. (Phalen, Thomas)


40	Filed: 9/8/2005, Entered: 9/8/2005, Terminated: 10/19/2005	Report and Recommendation
	REPORT AND RECOMMENDATIONS re [15] Amended Petition for Writ of Habeas Corpus, [31] Amended Petition for Writ of Habeas Corpus; that the petitions be denied and dismissed in their entirety. Signed by Judge Morton Sitver on September 7th, 2005. (KCS)


39	Filed: 7/26/2005, Entered: 7/27/2005	Response
	RESPONSE re [37] Order, by Respondents Charles Ryan, Arizona Attorney General, Terry Goddard, Dora B Schriro. (LSP, )


38	Filed: 7/20/2005, Entered: 7/21/2005	Reply
	Reply re [33] Response to 2nd Amended Habeas Petition by Petitioner Arthur Scott Wolfe. (KCS)


37	Filed: 7/14/2005, Entered: 7/14/2005	Order
	ORDER that respondents shall file numbered transcript pages in exhibit A of respondents' answer within 15 days; respondents shall file the entire sentencing transcript with page numbers referred to as exhibit B to respondents' answer. Signed by Judge Morton Sitver on 7/13/2005. (LAD)


--	Filed: 7/14/2005, Entered: 7/14/2005	Copy Mailed
	Copy of document number 37, mailed to Thomas J Phalen on this date. (HLA, )


36	Filed: 7/7/2005, Entered: 7/9/2005	Exhibit
	Exhibits W-Y for answer to 2nd amended complaint by Charles Ryan, Arizona Attorney General, Terry Goddard, Dora B Schriro. (KCS)


35	Filed: 7/7/2005, Entered: 7/9/2005, Terminated: 9/30/2005	Exhibit
	Exhibits U-V for answer to 2nd amended complaint by Charles Ryan, Arizona Attorney General, Terry Goddard, Dora B Schriro. (KCS)


34	Filed: 7/7/2005, Entered: 7/9/2005	Exhibit
	Exhibits A-T to Answer to 2nd amended complaint by Charles Ryan, Arizona Attorney General, Terry Goddard, Dora B Schriro. (KCS)


33	Filed: 7/7/2005, Entered: 7/9/2005	Response to Amended Habeas Petition
	RESPONSE to 2nd Amended Petition for Writ of Habeas Corpus by Charles Ryan, Arizona Attorney General, Terry Goddard, Dora B Schriro.(KCS)


32	Filed: 6/22/2005, Entered: 6/22/2005	Exhibit
	EXHIBITS Second Amended Petition for Writ of Habeas Corpus [31-1] by petitioner Arthur Scott Wolfe (KMG)


31	Filed: 6/22/2005, Entered: 6/22/2005	Amended Petition for Writ of Habeas Corpus
	SECOND AMENDED Petition for Writ of Habeas Corpus [15-1] (Note: Due to "et al." being indicated on Second Amended Petition - no parties were able to be added or termed) (KMG)


30	Filed: 6/9/2005, Entered: 6/9/2005	Order
	ORDER by Mag Judge Morton Sitver Petitioner shall file an Amended Petition within 15 days of the date of the filing of this Order. Respondents shall file an Answer to the Amended Petition within 20 days of the date of the filing of the Amended Petition. Petitioner shall file a Reply within 15 days of the filing of Respondents' Answer. (cc: all counsel) re: order filed [30-1] (LSP)


29	Filed: 6/8/2005, Entered: 6/8/2005	Order
	ORDER by Judge Frederick J. Martone referring this matter back to US Magistrate Judge Sitver for a Report & Recommendation nlt 9/15/05 (cc: all counsel) re: order filed [29-1] (MAP)


28	Filed: 6/6/2005, Entered: 6/7/2005	Motion for Miscellaneous Relief
	Notice to the court re: exhaustion of claims and MOTION for briefing schedule by petitioner [28-1] (DMT)


27	Filed: 5/11/2005, Entered: 5/11/2005	Status Report
	STATUS REPORT by petitioner Arthur Scott Wolfe (KMG)


26	Filed: 2/14/2005, Entered: 2/14/2005	Order
	ORDER by Judge Frederick J. Martone that counsel shall file a fourth status report on unexhausted claims no later thatn 5/113/05 or upon decision of the Arizona Court of Appeals whichever first occurs ; status report due 5/13/05 (cc: all counsel) (SRB)


25	Filed: 1/27/2005, Entered: 1/31/2005	Status Report
	THIRD STATUS REPORT on unexhausted claims by petitioner Arthur Scott Wolfe (SRB)


24	Filed: 9/1/2004, Entered: 9/8/2004	Status Report
	STATUS REPORT on unexhausted claims by petitioner Arthur Scott Wolfe (LAD)


23	Filed: 6/17/2004, Entered: 6/17/2004	Order
	ORDER by Judge Frederick J. Martone re: status report [22-1]; ORDERED that the parties shall file a further joint status report within 10 days of the decision of the Arizona Court of Appeals on the petition for review or on 9/1/04 whichever first occurs status report due 9/1/04 (cc: all counsel) (LAD)


22	Filed: 5/27/2004, Entered: 5/28/2004	Status Report
	STATUS REPORT on unexhausted claims by petitioner Arthur Scott Wolfe (LAD)


21	Filed: 1/30/2004, Entered: 1/30/2004	Order
	ORDER by Judge Frederick J. Martone granting motion to Dismiss Without Prejudice Amended Petition for Writ H/C [15-1] to Exhaust Claims in State Court by petitioner [17-1] (as to unexhausted claims ONLY per petitioner's reply [19-1] filed 12/18/03 -- does not close case); granting motion (Second) to Hold Proceedings in Abeyance by petitioner [16-1]; stay deadline set for 6/1/04 ; case stayed as to all proceedings ; joint status report on the proceedings on the unexhausted claims due 6/1/04 (cc: all counsel) (LAD)


20	Filed: 12/24/2003, Entered: 12/24/2003, Terminated: 2/9/2004	Report and Recommendation
	REPORT AND RECOMMENDATION by Mag Judge Morton Sitver recommending that petitioner's amended petition for writ of habeas corpus [15-1] remain filed; that the motion (Second) to Hold Proceedings in Abeyance by petitioner [16-1] be granted; that the motion to Dismiss Without Prejudice Amended Petition for Writ H/C [15-1] to Exhaust Claims in State Court by petitioner [17-1] (as to unexhausted claims ONLY per petitioner's reply [19-1] filed 12/18/03 -- does not close case) be treated as a motion to dismiss unexhausted claims 2 and 3 contained in the amended petition; that the Court grant the motion to dismiss unexhausted claims 2 and 3 contained in teh amended petition dated 11/19/03; that the Court require petitioner to timely file an amended petition containing all 3 counts, including an explanation as to status of exhaustion of each count, once counts 1 and 2 have been exhausted, to the extent that he does not receive the relief he seeks in the state courts (cc: all counsel/FJM) (LAD)


19	Filed: 12/18/2003, Entered: 12/23/2003	Reply to Response to Motion
	REPLY by petitioner Arthur Scott Wolfe to response to motion to Dismiss Without Prejudice Amended Petition for Writ H/C [15-1] to Exhaust Claims in State Court by petitioner [17-1] (LAD)


18	Filed: 12/3/2003, Entered: 12/5/2003	Response to Motion
	RESPONSE by respondents to motion to Dismiss Without Prejudice Amended Petition for Writ H/C [15-1] to Exhaust Claims in State Court by petitioner [17-1], motion (Second) to Hold Proceedings in Abeyance by petitioner [16-1] (LAD)


17	Filed: 11/19/2003, Entered: 11/24/2003	Motion to Dismiss
	MOTION to Dismiss Without Prejudice Amended Petition for Writ H/C [15-1] to Exhaust Claims in State Court by petitioner [17-1] (as to unexhausted claims ONLY per petitioner's reply [19-1] filed 12/18/03 -- does not close case) (SAT) Modified on 12/23/2003


16	Filed: 11/19/2003, Entered: 11/24/2003	Motion to Stay
	MOTION (Second) to Hold Proceedings in Abeyance by petitioner [16-1] (SAT)


15	Filed: 11/19/2003, Entered: 11/24/2003, Terminated: 1/30/2004	Memorandum
	MEMORANDUM of Points and Authorities IN SUPPORT by petitioner of Amended petition for writ H/C [15-1] (SAT)


15	Filed: 11/19/2003, Entered: 11/24/2003, Terminated: 1/30/2004	Amended Petition for Writ of Habeas Corpus
	AMENDED petition for writ H/C [1-1]; adds respondent Dora B Schriro (SAT)


14	Filed: 11/13/2003, Entered: 11/13/2003	Order
	ORDER by Judge Frederick J. Martone DENYING Petitioner's Motions [3-1], [4-1] and [6-1]; IT IS ORDERED that Petitioner shall file, by 12/1/03, an Amended Petition for Writ of Habeas Corpus, accompanied by a (1) motion to dismiss the unexhausted claims without prejudice and (2) a renewed motion to hold the proceedings in abeyance (cc: all counsel) (SAT)


13	Filed: 11/6/2003, Entered: 11/7/2003	Other Notice
	NOTICE by petitioner of filing copy of State court petition for post conviction relief (DMT)


12	Filed: 10/22/2003, Entered: 10/22/2003, Terminated: 11/13/2003	Report and Recommendation
	REPORT AND RECOMMENDATION by Mag Judge Morton Sitver recommending pet's motion to hold proceedings in abeyance #3 be denied without prejudice; recommending pet's motion to amend petition for writ of habeas corpus within a reasonable time or after the expiration of the stay and abeyance #4 be denied without prejudice; recommends the Court require pet to file, within 20 days of the final resolution of this report and recommendation, an amended petition for writ of habeas corpus containing all exhausted and unexhausted claims that he wishes to include now, or at a later date, in a petition for writ of habeas corpus, accompanied by (1) a motion to dismiss without prejudice the unexhausted claims and (2) to refile motion to hold the proceedings in abeyance; recommends pet's motion for correction of factual error re: exhaustion contained in the Court screening order Doc#6 which the Court construes as a motion for court ruling on whether Count I of the petition has been exhausted, be denied as premature; only if the Court is provided with substantive briefing on the exhaustion issue, should the Court issue any ruling regarding whether Count 1 of the petition has been exhausted; this recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals (cc: all counsel/FJM) (former emp)


11	Filed: 10/9/2003, Entered: 10/10/2003	Reply to Response to Motion
	REPLY by petitioner Arthur Scott Wolfe to response to Court order re stay and abeyance [5-1] (LAD)


10	Filed: 10/7/2003, Entered: 10/8/2003	Response
	RESPONSE by respondents to order (of 8/21/03) [5-1] (LAD)


9	Filed: 9/8/2003, Entered: 9/10/2003	Notice of Appearance
	ATTORNEY APPEARANCE for respondents by Jim D Nielsen (LAD)


8	Filed: 8/29/2003, Entered: 9/3/2003	Summons Returned Executed - Complaint/Habeas Petit
	RETURN OF SERVICE EXECUTED summons/complaint upon respondent AZ Attorney General, respondent Terry Goddard by certified mail in Phoenix, AZ on 8/28/03 (LAD)


7	Filed: 8/29/2003, Entered: 9/3/2003	Summons Returned Executed - Complaint/Habeas Petit
	RETURN OF SERVICE EXECUTED summons/complaint upon respondent Charles Ryan by certified mail in Winslow, AZ on 8/29/03 (LAD)


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6	Filed: 8/26/2003, Entered: 8/29/2003	Motion for Miscellaneous Relief
	NOTICE AND MOTION (REQUEST) for correction of factual error re exhaustion contained in this Court's order by petitioner Arthur Scott Wolfe [6-1] (LAD)


5	Filed: 8/21/2003, Entered: 8/21/2003	Order
	ORDER by Judge Frederick J. Martone that a copy of the petition for writ H/C [1-1], motion to Hold Proceedings in Abeyance by petitioner Arthur Scott Wolfe [3-1], motion to amend petition for writ H/C within a reasonable time or after the expiration of the stay and abeyance [1-1](Petition filed in per Pro se Office)by petitioner Arthur Scott Wolfe and Notice of Compliance with Local Rule 3.2(a) and submission of Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 on court-approved form. [4-1] and this order be served by the Clerk of Court upon respondent and the Attorney General of the State of Arizona by certified mail; this matter is referred to Mag Judge Morton Sitver (cc: all counsel/MS) (LAD)


4	Filed: 7/23/2003, Entered: 7/24/2003	Motion to Amend/Correct
	MOTION to amend petition for writ H/C within a reasonable time or after the expiration of the stay and abeyance [1-1](Petition filed in per Pro se Office)by petitioner Arthur Scott Wolfe and Notice of Compliance with Local Rule 3.2(a) and submission of Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 on court-approved form. [4-1] (TLJ)


3	Filed: 7/23/2003, Entered: 7/24/2003, Terminated: 11/13/2003	Motion for Miscellaneous Relief
	MOTION to Hold Proceedings in Abeyance by petitioner Arthur Scott Wolfe [3-1] (TLJ)


2	Filed: 7/23/2003, Entered: 7/24/2003	Notice Of Assignment
	NOTICE of Assignment; case is assigned to Judge Frederick J. Martone and is referred to Morton Sitver (PS) and Court's Legal Staff for review. (TLJ)


42	Filed: 10/19/2005, Entered: 10/19/2005
	ORDER ACCEPTING REPORT AND RECOMMENDATIONS. IT IS ORDERED DENYING Petitioner's First Amended Petition for Writ of Habeas Corpus (doc. 15). IT IS FURHTER ORDERED DENYING Petitioner's Second Amended Petition for Writ of Habeas Corpus (doc. 31).. Signed by Judge Frederick J Martone on 10/14/05. (TLJ, )


1	Filed: 7/23/2003, Entered: 7/24/2003	Petition for Writ of Habeas Corpus
	PETITION FOR WRIT OF HABEAS CORPUS (TLJ)

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