Lakey v. Hickman
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DERRICK LAKEY,
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Petitioner,
vs.
RODERICK HICKMAN,
Respondent.
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No. 2:05-cv-1864 JAM GGH
ORDER
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The Court of Appeals for the Ninth Circuit has dismissed petitioner’s appeal of
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this court’s March 26, 2009 judgment denying petitioner’s application for a writ of habeas
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corpus. The Court of Appeals has instructed this court to enter an order dismissing the petition
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as time-barred under 28 U.S.C. § 2244(d)’ statute of limitations.
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In accordance with the above, IT IS HEREBY ORDERED that
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1. The court’s March 26, 2009 judgment is vacated; and
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2. This petition for writ of habeas corpus is dismissed as time-barred under 28
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U.S.C. § 2244(d).
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DATED: September 11, 2012
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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE
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