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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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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