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LAKEY v. HICKMAN

No. 09-15940.

633 F.3d 782 (2011)

Derrick LAKEY, Petitioner-Appellant, v. Roderick HICKMAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2011.

Amended February 10, 2011.

Attorney(s) appearing for the Case

Mark David Greenberg , Oakland, CA, for petitioner-appellant Derrick Lakey.

Justin Riley (argued), Edmund G. Brown , Michael P. Farrell and Brian G. Smiley , Office of the California Attorney General, Sacramento, CA, for respondent-appellee Roderick Hickman.

Before: J. CLIFFORD WALLACE and SIDNEY R. THOMAS, Circuit Judges, and RICHARD MILLS, Senior District Judge.

ORDER

The court's opinion filed January 5, 2011, slip op. 403, and appearing at ___ F.3d ___, 2011 WL 13922 (9th Cir.2011), is hereby amended as follows:

1. On page 406, line 8, delete "We have jurisdiction pursuant to 28 U.S.C. § 2253, and we dismiss the appeal because Lakey's habeas petition is time-barred under 28 U.S.C. § 2244(d) (1996)." Replace that text with "We have jurisdiction pursuant to 28 U.S.C. § 2253, and we vacate the district...

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