OrpEr Denying PEtiion For Wr oF CERTIORARY/REvIEW

[¶1] This matter came before the Court upon a "Petition for a Writ of Certiorari or Writ of Review," filed herein October 80, 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

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

[T5] ORDERED that this order be published in Pacific Reporter Third.

DATED this 24%" day of November, 2009.

BY THE COURT: