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Pierce v. Newland

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


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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