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BROOKS v. YATES

No. 12-17607.

818 F.3d 532 (2016)

Rowan BROOKS, Petitioner-Appellant, v. James A. YATES, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2016.

Attorney(s) appearing for the Case

Peggy Sasso , Assistant Federal Defender, Fresno, CA, argued the cause and filed the brief for the petitioner-appellant. With her on the brief was Heather E. Williams , Federal Defender.

David Andrew Eldridge , Deputy Attorney General, Sacramento, CA, argued the cause and filed the brief for the respondent-appellee. With him on the brief was Kamala D. Harris , Attorney General of California, Michael P. Ferrell , Senior Assistant Attorney General, and Brian G. Smiley , Supervising Deputy Attorney General.

PER CURIAM Opinion; Concurrence by Judge KOZINSKI.

OPINION

Rowan Brooks, currently serving an indeterminate sentence of twenty-five years to life in a California state prison for first-degree murder, appeals from the denial of his motion for relief from judgment under Federal Rule of Civil Procedure 60(b) following the district court's dismissal of his habeas petition as untimely...

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