Lakey v. Hickman

Filing 57

ORDER signed by Judge John A. Mendez on 09/11/12 ORDERING that, pursuant to the 56 USCA Mandate, the Court's 03/26/09 50 judgment is VACATED; this petition for writ of habeas corpus is DISMISSED as time-barred under 28U.S.C. § 2244(d). (Benson, A.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK LAKEY, 11 12 13 14 Petitioner, vs. RODERICK HICKMAN, Respondent. 15 16 No. 2:05-cv-1864 JAM GGH ORDER / The Court of Appeals for the Ninth Circuit has dismissed petitioner’s appeal of 17 this court’s March 26, 2009 judgment denying petitioner’s application for a writ of habeas 18 corpus. The Court of Appeals has instructed this court to enter an order dismissing the petition 19 as time-barred under 28 U.S.C. § 2244(d)’ statute of limitations. 20 In accordance with the above, IT IS HEREBY ORDERED that 21 1. The court’s March 26, 2009 judgment is vacated; and 22 2. This petition for writ of habeas corpus is dismissed as time-barred under 28 23 U.S.C. § 2244(d). 24 DATED: September 11, 2012 25 26 /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE 1

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