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Byrd v. State

United States District Court, D. Oregon
Mar 22, 2006
Civ. No. 05-970-JE (D. Or. Mar. 22, 2006)

Opinion

Civ. No. 05-970-JE.

March 22, 2006


ORDER DISMISSING HABEAS CORPUS PETITION


This matter having come before the Court on the motion of the Petitioner to voluntarily dismiss his 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, 124 S.Ct. 2531 (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 June 23, 2005, 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.

IT IS SO ORDERED.


Summaries of

Byrd v. State

United States District Court, D. Oregon
Mar 22, 2006
Civ. No. 05-970-JE (D. Or. Mar. 22, 2006)
Case details for

Byrd v. State

Case Details

Full title:OTIS RANDELL BYRD, JR., Petitioner, v. STATE OF OREGON, Respondent

Court:United States District Court, D. Oregon

Date published: Mar 22, 2006

Citations

Civ. No. 05-970-JE (D. Or. Mar. 22, 2006)