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ZEPEDA v. WALKER

No. 08-56085.

581 F.3d 1013 (2009)

Jessie ZEPEDA, Petitioner-Appellant, v. James WALKER, Warden, California State Prison-Sacramento, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2009.

Attorney(s) appearing for the Case

Lorilee M. Gates, Pasadena, CA, for the petitioner-appellant.

Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, and Michael R. Johnsen, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: FERDINAND F. FERNANDEZ, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

Jessie Zepeda appeals the district court's dismissal of his petition for a federal writ of habeas corpus as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). He argues that AEDPA's one-year limitation period should be tolled for the entire time that his state habeas petition was in the state court's possession, even though it initially lacked the verification required by California law for proper filing. We...

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