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JORSS v. GOMEZ

No. 99-16986.

266 F.3d 955 (2001)

Charles Roger JORSS, Petitioner-Appellant, v. James H. GOMEZ, Director, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2001.

Attorney(s) appearing for the Case

Charles Roger Jorss, Pro Per, Ione, California, petitioner-appellant.

Ross C. Moody, Deputy Attorney General, Office of the Attorney General of the State of California, San Francisco, California, for the respondent-appellee.

Before: Mary M. Schroeder, Chief Judge, J. Clifford Wallace and Richard C. Tallman, Circuit Judges.

Opinion by Judge TALLMAN: Dissent by Judge WALLACE.

RICHARD C. TALLMAN, Circuit Judge:

Charles Roger Jorss, a California state prisoner, appeals pro se the district court's dismissal of his habeas petition as time-barred under 28 U.S.C. § 2244(d). Jorss argues that equitable tolling should apply because he diligently pursued his claims and his petitions were found to be time-barred due to extraordinary circumstances beyond his control. We agree and reverse...

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