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Date: 12-15-2023

Case Style:

Debra Ann Milke v. Charles L. Ryan, et al.

Case Number: 98-CV-0-0060

Judge: Robert C. Bloomfield

Court: United States District Court for the District of Arizona (Maricopa County)

Plaintiff's Attorney: Anders V Rosenquist, Jr. Lori Lea Voepel, Michael D Kimerer, Steven A Drizin, Amy Lynn Nguyen

Defendant's Attorney: Jim D. Nielsen and Julie Ann Done

Description: Phoenix, Arizona civil rights lawyers represented the Plaintiff in filing of a writ of habeas corpus.

Outcome: 07/08/2013 212 Appeal Record Returned: as to 155 Notice of Appeal. Number of Volumes of Clerk's Record: 3; Number of Bulky Documents: 10; Docket numbers of Bulky Documents: #31, 98, 99, 100, 101, 102, 109, 118, 119, 120; Number of Expandos: 3; Other: One Volume of Other Documents; 3 boxes (54 volumes) of State Court record. (REW) (Entered: 07/08/2013)
07/08/2013 213 ORDER Granting Writ of Habeas Corpus; Petitioner's Petition for Writ of Habeas Corpus is granted; Respondents shall release Petitioner Debra Jean Milke from custody unless the State of Arizona: (1) notifies this Court within 30 days of the filing date of this Order that it intends to retry Petitioner, and (2) actually commences Petitioner's retrial within 90 days of the filing date of this Order; the Clerk shall enter judgment accordingly and terminate this matter; the Clerk shall expeditiously return the state court records received on 8/3/99 and 3/7/02 (Docs. 46 & 88 ) to the Clerk of the Arizona Supreme Court. Signed by Senior Judge Robert C Broomfield on 7/8/13. (REW) (Entered: 07/08/2013)
07/08/2013 214 CLERK'S JUDGMENT, pursuant to the Court's order of July 8, 2013, granting the Petition for Writ of Habeas Corpus, judgment is hereby entered for Petitioner. The Petition for Writ of Habeas Corpus and action are hereby terminated. (REW) (Entered: 07/08/2013)
07/08/2013 215 Letter from United States District Court, District of Arizona to the Arizona Supreme Court. Pursuant to Order 213 , the State Court record consisting of 54 volumes is being returned to you today in 3 boxes via UPS. (MHU) (Entered: 07/08/2013)
07/08/2013 216 NOTICE re Notice of Respondent's Intent to Retry Petitioner by Charles L Ryan re 213 Order. (Done, Julie) (Entered: 07/08/2013)
07/11/2013 218 Mail Returned as Undeliverable. Mail sent to Angela Lynn Polizzi. Reason for return: Attempted Not Known/Unable to Forward. Document numbers 213 and 214. (REW) (Entered: 07/12/2013)
07/12/2013 217 Miscellaneous Document: Notice of Acknowledgement as to receiving state court record from the Clerk of the Arizona Supreme Court. (MHU) (Entered: 07/12/2013)
07/15/2013 219 Mail Returned as Undeliverable. Mail sent to Rudolph Gerber. Reason for return: Not Deliberable as Addressed/Unable to Forward. Document numbers 213 and 214. (REW) (Entered: 07/16/2013)
07/15/2013 220 Mail Returned as Undeliverable. Mail sent to Angela Polizzi. Reason for return: Attempted Not Known/Unable to Forward. Document number 215. (REW) (Entered: 07/16/2013)
07/15/2013 221 Mail Returned as Undeliverable. Mail sent to Rudolph Gerber. Reason for return: Not Deliverable as Addressed/Unable to Forward. Document number 215. (REW) (Entered: 07/16/2013)
07/22/2013 222 Mail Returned as Undeliverable. Mail sent to Angela Lynn Polizzi. Reason for return: Attempted Not Known/Unable to Forward. Document number 217. (REW) (Entered: 07/23/2013)
07/22/2013 223 Mail Returned as Undeliverable. Mail sent to Rudolph J Gerber. Reason for return: Not Deliverable as Addressed/Unable to Forward. Document number 217. (REW) (Entered: 07/23/2013)
09/05/2013 224 **WITHDRAWN** MOTION to Modify the Conditional Writ of Habeas Corpus Under Rule 60, Fed.R.Civ.P. by Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Done, Julie) (Motion withdrawn per docket 226). (Entered: 09/05/2013)
09/11/2013 225 MOTION to Withdraw 224 MOTION to Modify the Conditional Writ of Habeas Corpus Under Rule 60, Fed.R.Civ.P. by Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Done, Julie) (Entered: 09/11/2013)
09/11/2013 226 ORDER granting 225 Respondents' Motion to Withdraw their Motion to Modify Conditional Writ of Habeas Corpus Under Rule 60, Fed.R.Civ.P. Accordingly, Respondents' Motion to Modify The Conditional Writ of Habeas Corpus (Doc. 224) is withdrawn. Signed by Senior Judge Robert C Broomfield on 9/11/2013.(TLB) (Entered: 09/11/2013)
09/16/2013 227 Mail Returned as Undeliverable. Mail sent to Rudolph Gerber. Reason for return: Not Deliverable as Addressed/Unable to Forward. Document number 226. (REW) (Entered: 09/17/2013)
09/30/2013 228 Mail Returned as Undeliverable. Mail sent to Angela Polizzi. Reason for return: Vacant/Unable to Forward. Document number 226. (REW) (Entered: 10/01/2013)

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