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ALLEN v. LEWIS

No. 01-15503.

255 F.3d 798 (2001)

James Darryl ALLEN, Petitioner-Appellant, v. Gail LEWIS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2001.

Attorney(s) appearing for the Case

James D. Allen, petitioner-appellant, pro se.

Dane Gillette, Senior Assistant Attorney General of the State of California, San Francisco, California, for the respondent-appellee.

Before: DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN, and RONALD M. GOULD, Circuit Judges.

PER CURIAM:

James Allen was convicted in state court of robbery in violation of California law. His conviction became final on December 10, 1996. He filed a state habeas petition on October 30, 1997, which was denied on November 24, 1998. He filed his federal habeas petition pro se on January 20, 1999, which the district court dismissed as untimely, and Allen appeals.

I

Allen's federal habeas petition was due within one year from the time...

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