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FAIL v. HUBBARD

No. 99-15548.

272 F.3d 1133 (2001)

Essic FAIL, Petitioner-Appellant, v. Suzanne HUBBARD, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted for Decision July 10, 2001.

Filed December 3, 2001.

Attorney(s) appearing for the Case

Matthew C. Bradford, Downey, Brand, Seymour & Rohwer, LLP, Sacramento, California, for the petitioner-appellant.

Gregory A. Ott, Office of the California Attorney General, San Francisco, California, for the respondent-appellee.

Before: SCHROEDER, Chief Judge, WALLACE, and TALLMAN, Circuit Judges.

Opinion by Chief Judge SCHROEDER; Concurrence by Judge WALLACE

SCHROEDER, Chief Judge:

Essic Fail appeals the district court's dismissal of his 28 U.S.C. § 2254 petition as time-barred. Although we deferred submission pending the Supreme Court's decision in Duncan v. Walker, 533 U.S. 167, 121 S.Ct. 2120, 150 L.Ed.2d 251 (2001), the Supreme Court did not deal directly with the issue this case now presents. That issue...

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