Martinez v. Shinn

Opinion

1 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Cody James Martinez, No. CV CV-21-163-TUC-RM 10 Petitioner, 11 v. ORDER TO SHOW CAUSE 12 David Shinn, et al., 13 Respondents.

14 15 Petitioner Cody James Martinez, who is confined in the Arizona State Prison 16 Complex in Florence, Arizona, has filed a Petition for Writ of Habeas Corpus and Motion 17 for Stay of Execution and Application for Appointment of Counsel [Capital Case] (Doc. 1) 18 (“Petition”). The Petition indicates it was served on Respondents, although counsel for 19 Respondents has not yet appeared in this action. 20 On August 2, 2021, the Court ordered Petitioner to show cause why the Petition 21 should not be dismissed for failure to exhaust, noting Petitioner’s sentence of death had 22 been vacated and that Petitioner’s resentencing was pending in Pima County Superior 23 Court. (Doc. 6.) Petitioner filed a response to the order to show cause (“OSC”) on August 24 15, 2021, asserting that the filing of a preliminary petition “avoids unnecessary argument 25 later about statutes of limitation” and suggesting that the stay and abeyance procedure 26 available under Rhines v. Weber, 544 U.S. 269 (2005), might be the best course of action 27 pending resentencing in this case. (Doc. 7.) The Court will direct Respondents to reply to 28 Petitioner’s OSC response. 1 Accordingly, 2 IT IS ORDERED that within five (5) days of the date this Order is filed, Petitioner must serve Respondents with the Court’s August 2, 2021 Order to Show Cause and his 4) August 15, 2021 Response. 5 IT IS FURTHER ORDERED within ten (10) days of the date this Order is filed, 6 | counsel for Respondents must file a notice of appearance. 7 IT IS FURTHER ORDERED that no later than October 8, 2021, Respondents 8 | must file a file a Reply to Petitioner’s response to the OSC. 9 Dated this 21st day of September, 2021. 10 ll ff 12 am 7 pDfr □□ 13 TD 4 tigi □ □□ Honorable Rostsiary □□□□□□□ 14 United States District □□□□□ 15 16 17 18 19 20 21 22 23 24 25 26 27 28