Spears v. Shinn

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

9 Anthony Marshall Spears, No. CV-00-01051-PHX-SMM 10 Petitioner, DEATH PENALTY CASE v. ORDER Ryan Thornell, et al., 13 Respondents.

Pending before the Court is Petitioner Anthony Marshall Spears’s unopposed motion for an extension of time in which to file his Motion for Substitute Briefing. (Doc.

188.) The Court previously stayed this case pending the Arizona Supreme Court’s decision in State v. Greene, No. CR2 21-0082-PC, and directed Spears to file his substitute brief in light of Shinn v. Ramirez, 142 S. Ct. 1718 (2022), ten days after the stay is lifted. (Doc. 187.) The Arizona Supreme Court issued its decision in Greene on April 14, 2023. State v. Greene, --- P.3d ----, 2023 WL 2941510 (April 14, 2023). Spears then filed the pending motion, seeking to extend the deadline for filing his substitute brief to May 4, 2023.

Good cause appearing, IT IS ORDERED lifting the stay entered February 9, 2023. (Doc. 187.) /// /// /// 1 IT IS FURTHER ORDERED granting the pending motion. (Doc. 188.) Spears shall file any Motion for Substitute Briefing no later than May 4, 2023.

3 Dated this 19th day of April, 2023.

5 WV, □□□□□□□ Hdhorable Stephen M. McNamee 6 Senior United States District Judge -2-