Opinion
CV-21-1173-PHX-SPL
06-16-2022
Johnathan Ian Burns, Petitioner, v. David Shinn, et al., Respondents.
DEATH PENALTY CASE
ORDER
Honorable Steven P. Lrman United States District Judge
The Court has ordered Burns, who is sentenced to death, to file an initial petition by June 20, 2022, and an amended one by September 18, 2022. (Doc. 25 at 1-2.)
The parties agree that the first deadline is also when the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1)(A), will expire (Doc. 9 at 1).
On May 31, 2022, the Court denied Burns's motion to suspend compliance with Local Rule of Civil Procedure 3.5(b)'s 200-page limit for his initial petition and denied his alternative request to exceed that page limit by 100 pages, without prejudice. (Doc. 28.) See LRCiv 3.5(b) (imposing a 200-page limit, “exclusive of attachments, ” on habeas corpus petitions filed by a prisoner sentenced to death). The Court ordered that Burns had to attach his proposed petition if he filed a new motion. (Id.)
On June 13, 2022, Burns filed such a new motion and lodged his proposed, 213-page, redacted, initial petition and volume two of his exhibits. (Docs. 29-30.) He also filed a motion to seal the unredacted petition (also 213 pages) and volume one of his exhibits and lodged both. (Docs. 31-32.) Burns mailed and emailed copies of both to Respondents. (Doc. 31 at 2, n.1.) Burns seeks to exceed the page limit based, in part, on the length of his trial-more than 40 days-and the complexity of the issues raised in the proposed petition. (Doc. 29 at 3-4.)
Burns represented that Respondents agreed not to oppose the motion to seal so long as they received a copy of both sealed items without waiving any objection to the exhibits' relevance. (Doc. 31 at 1-2; Doc. 34 at 2.)
Respondents do not oppose either motion. (Doc. 34.) Respondents do not waive any potential objections to the amended petition. (Id.)
The Court will grant both of Burns' motions.
Accordingly, IT IS ORDERED granting Burns's unopposed Motion to Exceed Page Limit (LRCiv 3.5(b)) (Doc. 29), and directing the Clerk of the United States District Court, District of Arizona, to file the lodged Proposed Redacted Petition for Writ of Habeas Corpus and Exhibit Volume 2 (Docs. 30 and 30-1) as of the lodged date.
IT IS FURTHER ORDERED granting Burns's unopposed Motion to File Under Seal Unredacted Petition for Writ of Habeas Corpus and Exhibits, Volume 1 (Doc. 31), and directing the Clerk of the United States District Court, District of Arizona, to file the lodged Proposed Unredacted Petition for Writ of Habeas Corpus and Exhibit Volume 1 (Docs 32 and 32-1) under seal as of the lodged date.