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BONNER v. CAREY

No. 02-56022.

425 F.3d 1145 (2005)

Samuel Quinton BONNER, Petitioner-Appellant, v. Tom CAREY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 8, 2004.

Resubmitted and Filed October 6, 2005.

Attorney(s) appearing for the Case

Jerry D. Whatley, Santa Barbara, CA, for the appellant.

Theresa A. Cochrane, Deputy Attorney General, Los Angeles, CA, for the appellee.

Before: KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI, Chief IT Judge.

T.G. NELSON, Circuit Judge:

Samuel Quinton Bonner appeals the district court's dismissal of his habeas petition. We have jurisdiction under 28 U.S.C. § 1291, and vacate and remand for further proceedings. We conclude that the California Superior Court denied Bonner's petition as untimely when it said that he could have raised the petition's claims in an earlier petition and that there "[wa]s no reason stated for any delay in this regard." Under Pace v. DiGuglielmo...

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