Opinion
CV No. 06-1845-BR.
October 11, 2007
ORDER GRANTING UNOPPOSED MOTION TO VOLUNTARILY DISMISS HABEAS PETITION
This matter has come before the court on the motion of petitioner, Thomas Backman, to voluntarily dismiss his habeas petition with leave to re-open in the event that the ruling in Blakely v. Washington, 542 U.S. 296 (2004), is ever deemed retroactive to cases on collateral review. Finding good cause exists to grant that motion it is hereby:
ORDERED that the petition for writ of habeas corpus filed in this matter is dismissed without prejudice. In the event that the decision in Blakely v. Washington is ever deemed retroactive and applicable to cases on collateral, Petitioner is granted 60 days from such a ruling to move to reopen this case to raise any Blakely-based issues, and may amend his petition to assert any and all such claims. The statute of limitations period applicable to the Blakely-based claims will be deemed tolled from the date of the filing of the petitioner's original petition to the date 60 days after the decision rendering Blakely retroactive. If the action is reopened, Respondent may assert any procedural defenses that were available when this Order issued.