Laucella v. Sisto

Filing 50

ORDER signed by Judge Lawrence K. Karlton on 9/21/2011 DENYING Writ of Habeas Corpus. Because the Ninth Circuits mandate forecloses Petitioners constitutional claim, a Certificate of Appealability will not issue. See 28 U.S.C. § 2253 (c) (2). CASE CLOSED. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LAUCELLA,

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Petitioner,

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vs.

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No. CIV S-08-109 LKK CHS

D.K. SISTO, et al.,

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Respondents.

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ORDER

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/

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Petitioner Laucella, a state prisoner, filed a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On February 8, 2010, this court granted the petition as to

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Laucella’s due process claim and entered judgment in his favor. Subsequently, the United States

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Supreme Court decided Swarthout v. Cooke, 131 S. Ct. 859 (2011), which foreclosed Laucella’s

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due process claim. Respondent successfully appealed and the United States Court of Appeals for

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the Ninth Circuit has reversed this court’s judgment in accordance with Swarthout. The Ninth

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Circuit’s judgment was entered May 13, 2011 and took effect on June 7, 2011.

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For the foregoing reasons, IT IS HEREBY ORDERED THAT

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The petition for writ of habeas corpus is denied.

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Because the Ninth Circuit’s mandate forecloses Petitioner’s constitutional claim, a

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Certificate of Appealability will not issue. See 28 U.S.C. § 2253 (c) (2).

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DATED: September 21, 2011.

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