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ROWE v. LeMASTER

No. 99-2273.

225 F.3d 1173 (2000)

Charles ROWE, Petitioner-Appellant, v. Tim LeMASTER, Warden, New Mexico State Penitentiary; State of New Mexico; Robert Perry, Secretary of Corrections for the State of New Mexico; Attorney General State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 13, 2000.

Attorney(s) appearing for the Case

Ron Koch and Stephen C.M. Long, Albuquerque, New Mexico, for Petitioner-Appellant.

Patricia A. Madrid, Attorney General, Anthony Tupler, Assistant Attorney General, Santa Fe, New Mexico, for Respondents-Appellees.

Before BRORBY, ANDERSON, and MURPHY, Circuit Judges.

ANDERSON, Circuit Judge.

Petitioner appeals from a district court order dismissing his federal habeas petition as untimely under the one-year limitations period established by the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1).1 We must decide whether the interval between successive state habeas proceedings is excluded from the limitations period when...

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