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SMITH v. BOWERSOX

No. 98-2358.

159 F.3d 345 (1998)

Keith A. SMITH, Appellee, v. Michael BOWERSOX, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Frank A. Jung, Asst. Atty. Gen., Jefferson City, MO, argued, for Appellant.

William C. Odle, Kansas City, MO, argued, for Appellee.

Before HANSEN, BRIGHT, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BRIGHT, Circuit Judge.

Appellant, Michael S. Bowersox, is the warden of the Missouri State Penitentiary. He takes this interlocutory appeal from a district court1 scheduling order, an order which determined the limitations period under 28 U.S.C. § 2244(d)(1)(A) and gave the petitioner, inmate Keith A. Smith, until November 2, 1998—one year after the Supreme Court rejected his petition for writ of certiorari—to file an...

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