Knight v. Shinn

• Court: District Court, D. Arizona
• Decided: January 12, 2022
• Docket: 2:21-cv-01865
• Status: Unknown

Opinion

1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Kimberly A. Knight, No. CV 21-01865-PHX-JAT (JFM) 10 Petitioner, 11 v. ORDER 12 David Shinn, et al., 13 Respondents.

14 15 Petitioner Kimberly A. Knight, who is confined in the Arizona State Prison 16 Complex-Perryville, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 17 U.S.C. § 2254 (Doc. 1) and paid the filing fee. The Court will require an answer to the 18 Petition. 19 I. Background 20 Petitioner was convicted by a jury in Yuma County Superior Court, case #CR 2012- 21 00058, of child abuse and aggravated assault (domestic violence) and was sentenced to a 22 17-year term of imprisonment. Petitioner’s conviction and sentence were affirmed on 23 direct appeal. State v. Knight, No. 1 CA-CR 13-0297, 2014 WL 1713808, at *1 (Ariz. Ct. 24 App. Apr. 29, 2014). The trial court denied Petitioner’s subsequent Rule 32 petition for 25 post-conviction relief, and the Arizona Court of Appeals granted review, but denied relief. 26 State v. Knight, No. 2 CA-CR 2020-0062-PR, 2020 WL 3408500, at *1 (Ariz. Ct. App. 27 Dec. 15, 2020). The Arizona Supreme Court denied review of the appellate court’s denial 28 of relief. (Doc. 1 at 44.) 1 II. Petition 2 In her Petition, Petitioner names David Shinn as Respondent and the Arizona 3 Attorney General as an additional Respondent. Petitioner raises eight grounds for relief. 4 In Grounds One through Seven, Petitioner alleges trial counsel rendered ineffective 5 assistance of counsel at trial in various ways. In Ground Eight, Petitioner alleges that she 6 is actually innocent of her convictions. 7 The Court will require Respondents to answer the Petition. 28 U.S.C. § 2254(a). 8 II. Warnings 9 A. Address Changes 10 Petitioner must file and serve a notice of a change of address in accordance with 11 Rule 83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion 12 for other relief with a notice of change of address. Failure to comply may result in dismissal 13 of this action. 14 B. Copies 15 Petitioner must serve Respondents, or counsel if an appearance has been entered, a 16 copy of every document that he files. Fed. R. Civ. P. 5(a). Each filing must include a 17 certificate stating that a copy of the filing was served. Fed. R. Civ. P. 5(d). Also, Petitioner 18 must submit an additional copy of every filing for use by the Court. LRCiv 5.4. Failure to 19 comply may result in the filing being stricken without further notice to Petitioner. 20 C. Possible Dismissal 21 If Petitioner fails to timely comply with every provision of this Order, including 22 these warnings, the Court may dismiss this action without further notice. See Ferdik v. 23 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action 24 for failure to comply with any order of the Court). 25 IT IS ORDERED: 26 (1) The Clerk of Court must serve a copy of the Petition (Doc. 1) and this Order 27 on the Respondent(s) and the Attorney General of the State of Arizona by electronic mail 28 pursuant to Rule 4, Rules Governing Section 2254 Cases, and the Memorandum of 1 Understanding between the United States District Clerk of Court for the District of Arizona 2 and the Arizona Attorney General’s Office. Pursuant to the Memorandum of 3 Understanding, copies of the Petition and this Order will be sent via Notice of Electronic 4 Filing (NEF) to the State of Arizona Respondent through the Attorney General for the State 5 of Arizona to designated electronic mail addresses. Within 2 business days, the Attorney 6 General’s Office will acknowledge receipt of the Petition and the Court’s Order and within 7 5 business days will either file a notice of appearance on behalf of Respondents or will 8 notify the Court of the names of the Respondents on whose behalf the Arizona Attorney 9 General’s Office will not accept service of process. 10 (2) Respondents must answer the Petition within 40 days of the date of service. 11 Respondents must not file a dispositive motion in place of an answer. Respondents may 12 file an answer that (a) is limited to relevant affirmative defenses, including, but not limited 13 to, statute of limitations, procedural bar, or non-retroactivity; (b) raises affirmative 14 defenses as to some claims and discusses the merits of others; or (c) discusses the merits 15 of all claims. The failure to set forth an affirmative defense regarding a claim in an answer 16 may be treated as a waiver of the defense as to that claim, Day v. McDonough, 547 U.S. 17 198, 209-11 (2006), but an answer that is limited to affirmative defenses on a particular 18 claim does not waive any argument on the merits as to that claim. If the answer only raises 19 affirmative defenses, only those portions of the record relevant to those defenses need be 20 attached to the answer. If not, the answer must fully comply with all of the requirements 21 of Rule 5 of the Rules Governing Section 2254 Cases. 22 (3) Regarding courtesy copies of documents for chambers, Respondents are 23 directed to review Section II(D) of the Court’s Electronic Case Filing Administrative 24 Policies and Procedures Manual, which requires that “a courtesy copy of the filing, 25 referencing the specific document number, shall be printed directly from CM/ECF.” 26 CM/ECF Admin. Man. § II(D)(3) (emphasis added). See http://www.azd.uscourts.gov/ 27 sites/default/files/documents/adm%20manual.pdf. 28 (4) Petitioner may file a reply within 30 days from the date of service of the 1| answer. 2 (5) This matter is referred to Magistrate Judge James F. Metcalf pursuant to 3| Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. 5 Dated this 12th day of January, 2022. 6 James A. Teilborg ? Senior United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28