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DICTADO v. DUCHARME

No. 98-35531.

189 F.3d 889 (1999)

Fortunado L. DICTADO, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1999.

Attorney(s) appearing for the Case

Robert C. Owen, Assistant Federal Public Defender, Seattle, Washington, for the petitioner-appellant.

John J. Samson, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.

Before: BROWNING, BEEZER and KLEINFELD, Circuit Judges.

BEEZER, Circuit Judge:

Fortunado Dictado appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court concluded that Dictado filed his petition after the expiration of the one-year statute of limitations established in 28 U.S.C. § 2244(d)(1), the Antiterrorism and Effective Death Penalty Act ("AEDPA"), and dismissed the petition as untimely. Dictado argues that the limitations period was tolled while his 1997 personal restraint...

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