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TILLEMA v. LONG

No. 00-15974.

253 F.3d 494 (2001)

James TILLEMA, Petitioner-Appellant, v. Miles LONG, Warden; Frankie Sue Del Papa, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2001.

As Amended on Denial of Rehearing and Rehearing August 3, 2001.

Attorney(s) appearing for the Case

John C. Lambrose, Office of the Federal Public Defender, Las Vegas, Nevada, for the petitioner-appellant.

Rene L. Hulse, Deputy Attorney General, Las Vegas, California, for the respondents-appellees.

Before: STEPHEN REINHARDT, PAMELA ANN RYMER, and RAYMOND C. FISHER, Circuit Judges.

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

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge RYMER.

As Amended on Denial of Rehearing and Rehearing En Banc August 3, 2001.

REINHARDT, Circuit Judge:

James Tillema appeals the dismissal, as untimely, of his petition for habeas corpus relief under 28 U.S.C. § 2254. We reverse.

I. Factual and Procedural Background

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