NINO v. GALAZA

No. 98-55563.

183 F.3d 1003 (1999)

Jesus NINO, Petitioner-Appellant, v. George GALAZA, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1999.


Attorney(s) appearing for the Case

Jesus Nino, Corcoran, California, pro se, for the petitioner-appellant.

David Andrew Eldridge, Deputy Attorney General, Los Angeles, California, for the respondents-appellees.

Before: BROWNING, THOMAS, and WARDLAW, Circuit Judges.


THOMAS, Circuit Judge:

In this appeal, we are asked to decide whether the time tolled for exhaustion of state remedies pursuant to 28 U.S.C. § 2244(d) includes the interval between the disposition of an appeal or post-conviction petition and the filing of an appeal or successive petition at the next state appellate level. We conclude that, for purposes of § 2244(d), the time must be tolled for the entire period in which a petitioner is appropriately pursuing...

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