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CALDERON v. U.S. DIST. CT. FOR CENT. DIST. OF CA.

No. 97-70785.

127 F.3d 782 (1997)

Arthur CALDERON, Warden, Warden of California State Prison at San Quentin, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent, Horace Edwards Kelly, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1997.

Attorney(s) appearing for the Case

Keith I. Motley, Deputy Attorney General, San Diego, CA, for petitioner and respondent.

Eugene R. Grace, Grace, Genson, Cosgrove & Schirm, Los Angeles, CA, and Richard C. Neuhoff, San Francisco, CA, for Real Party in Interest.

Before: HALL, FERNANDEZ, and TASHIMA, Circuit Judges.

FERNANDEZ, Circuit Judge:

The State of California, through the Warden of the California State Prison at San Quentin, moved to dismiss the proceedings in the United States District Court, which were filed on behalf of Horace Edwards Kelly. The State claimed that the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations for filing applications for a writ of habeas corpus precluded the continuance of...

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