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Pierce v. Newland

September 14, 2010

RANDALL BLAINE PIERCE, PETITIONER,
v.
ANTHONY NEWLAND, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DENYING MOTION [Doc. #17]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 13, 2001, the undersigned issued an order dismissing the case without prejudice. Judgment was entered the same day, and the case was closed. On September 7, 2010, Petitioner filed a request for judicial notice. Petitioner is advised that this case has been closed for nine years. To the extent he wishes to seek federal habeas relief, he must file a new petition. Petitioner is advised, however, that any new petition will likely violate the one-year statute of limitations, as Petitioner was informed him in 2001. Accordingly, Petitioner's motion for judicial notice is DENIED.

IT IS SO ORDERED.

20100914

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