Opinion
CASE NUMBER: 10cv1639 BTM (BGS)
04-24-2012
Lamonti Mitchell v. Larry Small, Warden; Mike McDonald; Attorney General Edmund G. Brown, Jr.
AMENDED
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. IT IS ORDERED AND ADJUDGED that the Court Dismisses the Petition for a Writ of Habeas Corpus as untimely under 28 U.S.C. § 2244(d)(1). The Court Issues a Certificate of Appealability limited to the issue of equitable tolling. See Lambright v. Stewart, 220 F.3d 1022, 1025 (9th Cir. 2000) (holding that a COA should issue where the questions are adequate to deserve encouragement to proceed further, and any doubts whether a COA should issue are to be resolved in favor of petitioner).
W. Samuel Hamrick, Jr.
Clerk
E. Silvas
(By) Deputy Clerk