DALE WAYNE EATON V. THE STATE OF WYOMING

DALE WAYNE EATON V. THE STATE OF WYOMING
2009 WY 144
221 P.3d 967
Case Number: S-09-0220
Decided: 11/24/2009

October Term, A.D. 2009

DALE WAYNE EATON,

Petitioner,

v.

THE STATE OF WYOMING,

Respondent.

Order Denying Petition for Writ of Certiorari/Review

[¶1]      This matter came before the Court upon a "Petition for a Writ of Certiorari or Writ of Review," filed herein October 30, 2009.  In his petition, Mr. Eaton seeks review of the district court's denial of post-conviction relief.  Now, after a careful review of the petition, the materials attached thereto, the "Response to Petition for a Writ of Certiorari or Writ of Review," and the file, this Court finds that the petition should be denied.  It is, therefore,

[¶2]      ORDERED that the petitioner, Dale Wayne Eaton, be allowed to proceed in this matter in forma pauperis; and it is further

[¶3]      ORDERED that the Petition for a Writ of Certiorari or Writ of Review, filed herein October 30, 2009, be, and hereby is, denied; and it is further

[¶4]      ORDERED that this case is remanded to the district court for issuance of a new warrant directed to the director of the department of corrections to carry out the execution of the sentence as provided by law; and it is further

[¶5]      ORDERED that this order be published in Pacific Reporter Third.

DATED this 24th day of November, 2009.

                                                                        BY THE COURT:

                                                                        /s/ Barton R. Voigt                                       

                                                                        BARTON R. VOIGT

Chief Justice