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NOT FOR PUBLICATION JUN 22 2011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.
2