Mitchell v. Small
Filing
39
AMENDED CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court Dismisses the Petition for a Writ of Habeas Corpus as untimely under 28 U.S.C. § 2244(d)(1). The Court Issues a Certificate of Appealability limited to the issue of eq uitable tolling. See Lambright v. Stewart, 220 F.3d 1022, 1025 (9th Cir. 2000) (holding that a COA should issue where the questions are adequate to deserve encouragement to proceed further, and any doubts whether a COA should issue are to be resolved in favor of petitioner). (All non-registered users served via U.S. Mail Service)(ecs)
AO 450 Judgment in a Civil Case
United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Lamonti Mitchell
V.
Larry Small, Warden; Mike McDonald; Attorney
General Edmund G. Brown, Jr.
AMENDED
JUDGMENT IN A CIVIL CASE
CASE NUMBER:
10cv1639 BTM (BGS)
Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried
and the jury has rendered its verdict.
x
Decision by Court. This action came to trial or hearing before the Court. The issues have been
tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that the Court Dismisses the Petition for a Writ of Habeas Corpus as
untimely under 28 U.S.C. ยง 2244(d)(1). The Court Issues a Certificate of Appealability limited to the issue
of equitable tolling. See Lambright v. Stewart, 220 F.3d 1022, 1025 (9th Cir. 2000) (holding that a COA
should issue where the questions are adequate to deserve encouragement to proceed further, and any doubts
whether a COA should issue are to be resolved in favor of petitioner).
April 24, 2012
W. Samuel Hamrick, Jr.
Date
Clerk
s/ E. Silvas
(By) Deputy Clerk
ENTERED ON April 24, 2012
10cv1639-BTM(BGS)
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