Dawson v. Belleque

Opinion

FILED NOT FOR PUBLICATION JUN 22 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

CRAIG THOMAS DAWSON, No. 07-36033

Petitioner - Appellant, D.C. No. CV-06-00012-CMK

v. ORDER BRIAN BELLEQUE, Oregon State Penitentiary,

Respondent - Appellee.

Appeal from the United States District Court for the District of Oregon Garr M. King, Senior District Judge, Presiding

Argued and Submitted November 2, 2010 Portland, Oregon

Before: W. FLETCHER and FISHER, Circuit Judges, and BURY, District Judge.*

We construe this appeal as a motion under 28 U.S.C. § 2244(3) to file a

second or successive petition for habeas corpus. As jointly requested by the

* The Honorable David C. Bury, United States District Judge for the District of Arizona, sitting by designation. parties, we grant the motion. We direct the district court to allow Petitioner Craig

Dawson to file his Second Amended Petition for Writ of Habeas Corpus. As

jointly agreed by the parties, the district court shall consider the merits of

Petitioner’s Ex Post Facto claim. As jointly agreed by the parties, Superintendent

Belleque shall waive all of his procedural defenses in the district court. Finally, as

jointly agreed by the parties, each party shall bear his own costs and fees.