Patterson v. Thornell

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Isiah Patterson, No. CV-20-02068-PHX-JJT

10 Petitioner, DEATH PENALTY CASE

11 v. ORDER

12 Ryan Thornell, et al.,

13 Respondents. 14 15 Pending before the Court is Petitioner Isiah Patterson’s Renewed Motion for Rhines 16 Stay to Exhaust State Claims.1 (Doc. 54.) In renewing his request for a stay, Patterson 17 indicates that he has been appointed counsel in state court and has filed a successive PCR 18 petition raising a Simmons claim and a claim of ineffective assistance of trial counsel.2 (Id.; 19 see id., Ex’s 2, 3.) 20 Rule 7.2(c) of the Local Rules of Civil Procedure gives an opposing party 14 days 21 after service in which to serve and file any responsive memorandum. LRCiv 7.2(c). Under 22 Rule 7.2(i), the Court may deem a party’s lack of opposition, or untimely opposition, as 23 24 1 Rhines v. Weber, 544 U.S. 269, 273–77 (2005), authorizes a district court to stay 25 a mixed habeas petition to allow a petitioner to present unexhausted claims to the state court without losing the right to federal habeas review pursuant to the relevant one-year 26 statute of limitations. Id. at 273–77. The Court previously denied Patterson’s opposed motion for a stay. (Doc. 51.) 27 2 Simmons v. South Carolina, 512 U.S. 154, 156 (1994), held that in a capital case “[w]here a defendant’s future dangerousness is at issue, and state law prohibits the 28 defendant’s release on parole, due process requires that the sentencing jury be informed that the defendant is parole ineligible.” “consent to the... granting of the motion and the Court may dispose of the motion 2|| summarily.” LRCiv 7.2(i). 3 Respondents have not filed a response, timely or otherwise, to Patterson’s renewed motion for a stay. The Court deems that failure to constitute Respondents’ consent to the || granting of Patterson’s motion. 6 Accordingly, 7 IT IS ORDERED that Patterson’s Renewed Motion for Rhines Stay to Exhaust 8 || State Claims (Doc. 54) is granted pursuant to LRCiv 7.2(i). 9 IT IS FURTHER ORDERED directing Patterson to file notice with the Court or move for other appropriate relief within 30 days of the conclusion of the state court |} proceedings. 12 Dated this 29th day of March, 2024. CN 13 “wok: 14 wefehlee— Unig StatesDistrict Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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