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HERBST v. COOK

No. 99-35133.

260 F.3d 1039 (2001)

Michael T. HERBST, Petitioner-Appellant, v. Dave COOK, Director Oregon Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2001.

Attorney(s) appearing for the Case

Michael T. Herbst, Umatilla, Oregon, petitioner-appellant pro se.**

Timothy A. Sylwester, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

Before: Arthur L. ALARCON, FERNANDEZ, and A. Wallace TASHIMA, Circuit Judges.

Submitted July 9, 2001* — Seattle, Washington.

TASHIMA, Circuit Judge:

Michael T. Herbst ("Herbst") pled guilty to arson in Oregon state court. His federal habeas corpus petition alleging, inter alia, ineffective assistance of counsel was denied sua sponte by the district court as time-barred pursuant to the one-year limitations period enacted under the Antiterrorism and...

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