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FRYE v. HICKMAN

No. 99-15935.

273 F.3d 1144 (2001)

Brian David FRYE, Petitioner-Appellant, v. R. HICKMAN, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2001.

Amended December 3, 2001.

Attorney(s) appearing for the Case

Margaret Z. Johns, Lauren Johnson and Andrew Cain, University of California, Davis School of Law, Davis, California, for the petitioner-appellant.

Eric L. Christoffersen, Attorney General's Office for State of California, Sacramento, California, for the respondents-appellees.

Before: SCHROEDER, Chief Judge, LAY, THOMPSON, Circuit Judges.

ORDER AND AMENDED OPINION

SCHROEDER, Chief Judge:

ORDER

The Opinion filed August 6, 2001, is amended as follows:

(1) Delete entire paragraph following headnote [3], Slip Opinion, page 10167; (2) In its place, substitute the following paragraph:

We conclude that the miscalculation of the limitations period by Frye's counsel and his negligence in general do not constitute extraordinary circumstances sufficient to warrant...

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