George Souliotes v. Anthony Hedgpeth, et al, No. 08-15943 (9th Cir. 2011)

 Annotate this Case

This opinion or order relates to an opinion or order originally issued on September 20, 2010.

Download PDF
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT GEORGE SOULIOTES, Petitioner-Appellant, v. MIKE EVANS, Warden; ANTHONY HEDGPETH, Warden, Respondents-Appellees.    No. 08-15943 D.C. No. 1:06-cv-00667OWW-WMW ORDER Appeal from the United States District Court for the Eastern District of California Oliver W. Wanger, District Judge, Presiding Argued and Submitted February 12, 2010 San Francisco, California Filed August 17, 2011 Before: M. Margaret McKeown and Marsha S. Berzon,* Circuit Judges, and Thomas S. Zilly,** Senior District Judge. * Due to the death of Judge Cynthia Holcomb Hall, Judge Marsha S. Berzon, United States Circuit Judge for the Ninth Circuit, was drawn to replace her. ** The Honorable Thomas S. Zilly, Senior United States District Judge for the Western District of Washington, sitting by designation. 10945 10946 SOULIOTES v. EVANS COUNSEL Randall S. Luskey, Orrick, Herrington & Sutcliffe LLP, San Francisco, California, for the petitioner-appellant. Kathleen A. McKenna, Deputy Attorney General, Office of the Attorney General of California, Fresno, California, for the respondents-appellees. Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, Washington; Bob Barr, Atlanta, Georgia; Matthew D. Brown, Cooley Godward Kronish LLP, San Francisco, California, for the amici. ORDER In light of the intervening en banc decision in Lee v. Lampert, No. 09-35276, 2011 WL 3275947 (9th Cir. Aug. 2, 2011) (en banc), we vacate our opinion in Souliotes v. Evans, 622 F.3d 1173 (9th Cir. 2010), reverse the district court s dismissal of Souliotes s habeas petition as untimely, and remand for proceedings consistent with Lee. We also vacate our order of limited remand issued on May 25, 2011, with the understanding that the district court will conduct whatever proceedings are necessary, in an expedited manner, to determine whether any of Souliotes s habeas claims may be addressed on the merits. REVERSED and REMANDED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.