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WELCH v. NEWLAND

No. 00-15366.

267 F.3d 1013 (2001)

Thomas James WELCH, Petitioner-Appellant, v. Anthony C. NEWLAND, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2001.

Attorney(s) appearing for the Case

David M. Porter, Assistant Federal Defender, Sacramento, California, for the petitioner-appellant.

Janis Shank McLean, Deputy Attorney General, Sacramento, California, for the respondent-appellee.

Before: William C. Canby, Jr., Michael Daly Hawkins, and Ronald M. Gould, Circuit Judges.

Argued and Submitted July 13, 2001 — San Francisco, California.

Opinion by Judge CANBY; Concurrence by Judge GOULD.

OPINION

CANBY, Circuit Judge:

Petitioner Thomas James Welch, a prisoner of the State of California, appeals from the federal district court's dismissal of his petition for a writ of habeas corpus. The district court determined that Welch had failed to satisfy the one-year statute of limitations for a state prisoner filing...

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