Jerry Hamilton v. Maurice Junious

FILED

UNITED STATES COURT OF APPEALS AUG 29 2012

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

JERRY FRED HAMILTON, No. 09-17600

Petitioner - Appellant, D.C. No. 2:09-CV-01411-MCE-

CMK

v. Eastern District of California, Sacramento

MAURICE JUNIOUS,

Respondent - Appellee. ORDER AMENDING

MEMORANDUM DISPOSITION

AND DENYING PETITION FOR

REHEARING EN BANC

Before: D.W. NELSON, RAWLINSON, and IKUTA, Circuit Judges.

The Memorandum Disposition filed on June 15, 2012, is AMENDED as

follows:

On page 2 of the Memorandum Disposition, the word “summary,” which

modified the California Court of Appeal’s dismissal of Hamilton’s petition, is

deleted. The modified sentenced now reads: “The California Court of Appeal’s

dismissal of the petition with citations to In re Steele, 32 Cal. 4th 682, 692 (2004)

and In re Steele, 32 Cal. 4th 682, 692 (2004) and In re Hillery, 202 Cal. App. 2d.

293 (1962) did not undo the superior court’s determination that Hamilton’s petition

was untimely. An amended Memorandum…