govinfo:USCOURTS-azd-2_21-cv-01173-3

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WO 
 
 
 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF ARIZONA 
 
 
Johnathan Ian Burns, 
 
Petitioner, 
 
v. 
 
David Shinn, et al., 
 
Respondents. 
No. CV-21-1173-PHX-SPL 
 
DEATH PENALTY CASE 
 
ORDER 
 
 
 
 Pursuant to the Court’s order (Doc. 23 at 9), the parties have conferred and have 
jointly proposed a new briefing schedule for the filing of documents after the filing of 
Petitioner’s amended petition (Doc. 24). 
 IT IS ORDERED adopting the parties’ agreed upon briefing schedule as set forth 
in their Joint Proposal for Remaining Case Deadlines (id.). 
 IT IS FURTHER ORDERED amending the scheduling order (Doc. 10) as 
follows: 
1. Petitioner shall file a petition for a writ of habeas corpus no later than June 20, 
2022.1 
 
1 This agreed upon deadline by the parties (Doc. 9 at 1) occurs when the Court observes 
Juneteenth National Independence Day. See https://www.azd.uscourts.gov/court-holidays. 
Therefore, the District of Arizona will be closed and filing assistance will be unavailable 
on June 20, 2022. Id. The Court does not decide whether Federal Rule of Civil Procedure 
6 applies to extend the statutory limitations period, under the Antiterrorism and Effective 
Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1)(A), to the following business 
day. 

 
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2. Petitioner shall file an amended petition for a writ of habeas corpus no later than 
September 18, 2022. 
3. Respondents shall file an answer no later than December 19, 2022. 
4. Petitioner shall file a reply no later than February 17, 2023. 
5. Any notice of a request for evidentiary development shall be filed no later than 
April 18, 2023. 
6. A response to any notice of a request for evidentiary development shall be filed 
no later than May 18, 2023. 
7. A reply to a response to any notice of a request for evidentiary development shall 
be filed no later than June 1, 2023. 
IT IS FURTHER ORDERED that, absent circumstances beyond counsel’s 
control, the Court is not inclined to continue the deadlines set forth herein. 
IT IS FURTHER ORDERED that the pleadings, briefs, and motions scheduled in 
this order shall conform to the format set forth in the Court’s order of appointment and 
general procedures (Doc. 5). 
 Dated this 18th day of May, 2022. 
 
 
 
Honorable Steven P. Logan 
United States District Judge 
 
 
 

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