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__RECEIVED __COPY
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NOVEMBER 8, 2022
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CLERK US DISTRICT COURT
3 DISTRICT OF ARIZONA
4 BY s/ M. Everette DEPUTY
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 In the matter of
10 DIRECT ASSIGNMENT OF CIVIL
RIGHTS COMPLAINTS DURING
11 PENDENCY OF EXECUTION GENERAL ORDER 22-26
PROCEEDINGS
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Local Rule of Civil Procedure 3.7(d) requires the random assignment of capital
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habeas corpus petitions. Rule 3.7(e) requires the random assignment of complaints and
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non-capital habeas corpus petitions filed by prisoners. Rule 3.7(e) further provides
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subsequent complaints and non-capital habeas corpus petitions filed by the same prisoner
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will be assigned to the same District Judge. These rules often prevent a civil rights matter
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filed by a prisoner on death row from being assigned to the District Judge who presides
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over that prisoner’s capital habeas corpus petition. Because prisoners on death row are
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housed in the Phoenix Division, any civil rights action filed will be assigned to a Phoenix
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Division judge despite the fact those prisoners’ capital habeas corpus petitions may have
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been filed in the Tucson Division and assigned to a Tucson Division District Judge.
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IT IS ORDERED, to ensure the equitable distribution of cases and efficient use of
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resources among the District Judges, any civil rights action filed by a prisoner with an
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active warrant of execution or for whom the state is actively seeking such a warrant shall
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be assigned to the District Judge who presided over the prisoner’s capital habeas corpus
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petition, regardless of division. This General Order shall be reviewed upon the Local Rules
1 Committee’s final consideration of the pending proposal addressing this issue.
2 Dated 8th day of November, 2022.
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