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BARNETT v. LEMASTER

No. 98-2139.

167 F.3d 1321 (1999)

William J. BARNETT, also known as William Barnett, Petitioner-Appellant, v. Tim LEMASTER, Warden, New Mexico State Penitentiary; Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

February 9, 1999.

Attorney(s) appearing for the Case

William J. Barnett, appellant pro se.

Tom Udall, Attorney General, and Patricia Gandert, Assistant Attorney General, Santa Fe, New Mexico, for the appellees.

Before ANDERSON, KELLY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge

Petitioner William Barnett, a state prisoner appearing pro se, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas petition on statute of limitations grounds. We reverse and remand for further proceedings.

Barnett was convicted in 1991 of two counts of second degree criminal sexual penetration, kidnaping, aggravated burglary, attempted armed robbery, possession of a firearm or destructive device by a felon, and...

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