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PAYTON v. BRIGANO

No. 00-3232.

256 F.3d 405 (2001)

William H. PAYTON, Petitioner-Appellant, v. Anthony BRIGANO, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2001.

Attorney(s) appearing for the Case

ARGUED: H. Louis Sirkin, SIRKIN, PINALES, MEZIBOV & SCHWARTZ, Cincinnati, Ohio, for Appellant.

Stephanie L. Watson, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Columbus, Ohio, for Appellee.

ON BRIEF: H. Louis Sirkin, Jennifer M. Kinsley, Laura A. Abrams, SIRKIN, PINALES, MEZIBOV & SCHWARTZ, Cincinnati, Ohio, for Appellant.

Katherine E. Pridemore, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS LITIGATION SECTION, Cincinnati, Ohio, for Appellee.

H. Louis Sirkin (argued and briefed), Jennifer M. Kinsley (briefed), Laura A. Abrams (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Appellant.

Stephanie L. Watson (argued), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, Katherine E. Pridemore (briefed), Office of the Attorney General, Corrections Litigation Section, Cincinnati, OH, for Appellee.

Before BOGGS and SUHRHEINRICH, Circuit Judges; CLELAND, District Judge.

OPINION

SUHRHEINRICH, Circuit Judge.

Petitioner William H. Payton appeals from the order of district court dismissing his petition for writ of habeas corpus under 28 U.S.C. § 2254 as time-barred by the one-year statute of limitations in 28 U.S.C. § 2244. We AFFIRM.

I.

Payton was convicted of murder on August 10, 1993, and imprisoned. See State v. Payton, No. 930033CR (Ohio Ct.Comm.Pl. Aug. 27, 1993). He appealed...

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