Wenner v. Blackletter - Document 16

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON RODNEY LEE WENNER, v. Petitioner, CV. 07-6236-HU ORDER SHARON BLACKETTER, Respondent. HAGGERTY, Judge IT IS ORDERED that petitioner's motion for voluntary dismissal (#15) is GRANTED, and petitioner's petition for writ of habeas corpus (#2) is DISMISSED, without prejudice. In the event that the decision in Blakely v. Washington, 542 U.S. 296 (2004), is later made retroactive to cases on collateral review, petitioner has leave to reopen this case only as to the Blakely issues, and the limitation period shall be deemed tolled from the date this Order is signed until sixty (60) days after the date of the decision rendering Blakely retroactively applicable. If Blakely is made retroactive and petitioner moves to reopen this case during the above referenced 60-day period, petitioner may 1 -- ORDER  also amend the petition as of right so as to properly plead all Blakely-based claims in this court. The parties agree that the State reserves any and all procedural defenses that may currently exist. IT IS SO ORDERED. DATED this 5th day of January, 2009. /s/ Ancer L. Haggerty______ Ancer L. Haggerty United States District Judge 2 -- ORDER