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SMITH v. DUNCAN

No. 00-16458.

274 F.3d 1245 (2001)

David C. SMITH, Petitioner-Appellant, v. W.A. DUNCAN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2001.

Attorney(s) appearing for the Case

George C. Boisseau, Santa Rosa, California, for the petitioner-appellant.

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

Before: REINHARDT, HAWKINS and RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

Appellant-Petitioner David C. Smith ("Smith") appeals the district court's grant of Appellee-Respondent W.A. Duncan's (the "Government's") motion to dismiss Smith's federal petition for habeas corpus as untimely. When ruling on the motion, the district court was faced with an incomplete record. The facts, as they were presented to the district court, are recounted in the "Background" section of this opinion.

We have jurisdiction pursuant...

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