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Smith v. Belleque

United States District Court, D. Oregon
Mar 6, 2006
Civ. No. 05-9119-AA (D. Or. Mar. 6, 2006)

Opinion

Civ. No. 05-9119-AA.

March 6, 2006

Thomas J. Hester, Attorney for Petitioner.

Lynn David Larsen (by consent), Attorney for Respondent.


ORDER DISMISSING HABEAS CORPUS PETITION


This matter having come before the Court on the motion of the Petitioner to voluntarily cismiss 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. I 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

Smith v. Belleque

United States District Court, D. Oregon
Mar 6, 2006
Civ. No. 05-9119-AA (D. Or. Mar. 6, 2006)
Case details for

Smith v. Belleque

Case Details

Full title:DREW DAVID SMITH, Petitioner, v. BRIAN BEIJLEQUE, Respondent

Court:United States District Court, D. Oregon

Date published: Mar 6, 2006

Citations

Civ. No. 05-9119-AA (D. Or. Mar. 6, 2006)