Opinion
CV No. 07-543 ST.
August 10, 2007
Anthony D. Bornstein, Attorney for Petitioner.
Lynn Larsen (by consent), Assistant Attorney General, Attorney for Respondent.
ORDER DISMISSING HABEAS CORPUS PETITION
IT IS HEREBY ORDERED that the Petition for a Writ of Habeas Corpus is dismissed without prejudice. In the event that the decision in Blakely v. Washington, 542 U.S. 296 (2004), is later made retroactive to cases on collateral review, Petitioner has leave to reopen this case only as to the Blakely issues, and the limitations period shall be deemed tolled from the date this Order is signed until sixty days after the date of the decision rendering Blakely retroactively applicable. If Blakely is made retroactive and the Petitioner moves to reopen this case during the above-referenced 60-day period, Petitioner may also amend the Petition as of right so as to properly plead all Blakely-based claims in this Court. If the case is reopened, Respondent may assert any procedural defenses that were available when this Order issued.
IT IS SO ORDERED.