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BOWEN v. ROE

No. 98-56308.

188 F.3d 1157 (1999)

Michael Allen BOWEN, Petitioner-Appellant, v. Ernest ROE, Warden; California State Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 1999.

Attorney(s) appearing for the Case

Michael Allen Bowen, Lancaster, California, in pro per, for petitioner-appellant.

Steven T. Oetting, Deputy Attorney General, San Diego, California, for respondents-appellees.

Before: HALL and T.G. NELSON, Circuit Judges, and WARE, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Michael Allen Bowen appeals from the district court's order dismissing as untimely under 28 U.S.C. § 2244(d)(1)(A) his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253(a), and we reverse and remand.

FACTUAL BACKGROUND

Michael Allen Bowen ("Bowen") was convicted in California state court of possession of heroin in state prison and possession of drug paraphernalia-a syringe...

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