Juarez v. Director of Corrections

Filing 54

ORDER by Judge Ronald M. Whyte Denying 53 Motion for Rehearing. (jg, COURT STAFF) (Filed on 4/15/2009)

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Order Denying Petition for Rehearing P:\PRO-SE\SJ.Rmw\HC.05\Juarez019denrehearing.wpd

*E-FILED - 4/15/09*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GILBERTO JUAREZ, Petitioner, vs. DIRECTOR OF CORRECTIONS, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. C 05-0019 RMW (PR) ORDER DENYING PETITION FOR REHEARING (Docket No. 53)

Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was dismissed as untimely and the case closed on July 11, 2008. Petitioner filed three motions "to dismiss on double jeopardy grounds," all of which were denied because they were duplicative and did not raise any basis for reconsideration of the dismissal of his original petition on untimeliness grounds. On March 9, 2009, petitioner filed a "petition for rehearing" on the denial of his "motion to dismiss on double jeopardy grounds" but does not submit any coherent argument in support of such a motion. Accordingly, the "petition for rehearing" (docket no. 53) is DENIED. IT IS SO ORDERED.

4/14/09 DATED: _____________

RONALD M. WHYTE United States District Judge