Opinion
CASE NUMBER: 3:10-CV-00777-LRH-VPC
02-25-2013
FREDYS MARTINEZ, Petitioner, v. JACK PALMER, et al., Respondents.
JUDGMENT IN A CIVIL CASE
_ 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. _ 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. X Decision by Court. This action came to be considered before the Court. The issues have been considered and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that respondents' motion to dismiss (#36) is GRANTED. This action is DISMISSED with prejudice as untimely.
IT IS FURTHER ORDERED that a certificate of appealability is GRANTED on the issue of whether the court is correct in its determination that equitable tolling is not warranted.
LANCE S. WILSON
Clerk
D. R. Morgan
Deputy Clerk