Payne v. Shinn

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Christopher Payne, No. CV-20-00459-TUC-JAS 10 Petitioner, DEATH-PENALTY CASE v. ORDER Ryan Thornell1, et al., 13 Respondents.

14 Before the Court is Petitioner Christopher Payne’s Unopposed Motion to Extend Stay. (Doc. 57.) Upon review of Petitioner’s motion and for good cause shown, 16 IT IS ORDERED that Petitioner’s motion is GRANTED.

17 IT IS FURTHER ORDERED that the briefing schedule is amended as follows: 1. Petitioner shall file a reply in support of his pending habeas petition within 30 days of the Arizona Supreme Court’s decision on remand from Cruz v. Arizona, 598 U.S. 20 ---, No. 21-846, 2023 WL 2144416 (U.S. Feb. 22, 2023).

21 2. Respondents may have 30 days to file a surreply limited to issues raised by Cruz.

22 IT IS FURTHER ORDERED that the parties shall submit a joint proposed briefing schedule for the evidentiary development of the petition within 30 days of a decision in Cruz.

25 Dated this 9th day of March, 2023.

28 1 Pursuant to Federal Rule of Civil Procedure 25(d), Ryan Thornell is automatically substituted for Respondent David Shinn as his successor in office.

3 Honorable James A. Soto 4 United States District Judge -2-