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ALLEN v. YUKINS

No. 03-1078.

366 F.3d 396 (2004)

Charmel ALLEN, Petitioner-Appellant, v. Joan N. YUKINS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2004.

Attorney(s) appearing for the Case

Craig A. Daly (briefed), Detroit, MI, for Petitioner-Appellant.

Debra M. Gagliardi (briefed), Asst. Atty. Gen., Office of the Attorney General, Corrections Division, Lansing, MI, for Respondent-Appellee.

Before: KRUPANSKY and GILMAN, Circuit Judges; RUSSELL, District Judge.

OPINION

GILMAN, Circuit Judge.

Petitioner Charmel Allen, a Michigan state prisoner, appeals from the district court's dismissal of her petition for a writ of habeas corpus. The district court concluded that Allen's petition was barred by the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act (AEDPA). Allen contends that the district court erred in dismissing her petition. She first argues that her motion for state...

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