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STANCLE v. CLAY

No. 09-56374.

692 F.3d 948 (2012)

Joseph STANCLE, Petitioner-Appellant, v. Ivan D. CLAY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2012.

Attorney(s) appearing for the Case

John Ward , San Francisco, CA, for the petitioner-appellant.

Kamala D. Harris , Dane R. Gillette , Pamela C. Hamanaka , Kenneth C. Byrne , and David C. Cook (argued), California Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: D.W. NELSON, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

In this appeal, Joseph Stancle challenges the district court's conclusion that his 28 U.S.C. § 2254 habeas petition is time-barred by the one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), codified at 28 U.S.C. § 2244(d). We confront two issues in determining whether the petition was time-barred. As to statutory tolling...

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