Esparza v. Anderson

Filing 194

Memorandum of Opinion and Order. Pursuant to the United States Supreme Court's decision in Mitchell v. Esparza, 540 U.S. 12 (2003), that portion of this Court's 10/13/2000 Opinion & Order granting Claim 1 of Esparza's Petition for Writ of Habeas Corpus is vacated. In addition, the Court vacates those portions of this Court's 10/13/2000 Opinion & Order granting Claims 39, 44, and 52. Upon renewed consideration of these Claims, the Court finds that Claims 39, 44, and 5 2 are without merit and denied. Accordingly, Esparza's Petition for Writ of Habeas Corpus is denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could be taken in good faith as to Claims 39 and 44, and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule Appellate Procedure 22(b) as to those Claims only. As to Claim 52, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). Judge Christopher A. Boyko on 7/12/2012. (H,CM)