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BROWN v. ROE

No. 00-16943.

279 F.3d 742 (2002)

Donyel V. BROWN, Petitioner-Appellant, v. Ernie ROE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2002.

Attorney(s) appearing for the Case

Quin Denver; David M. Porter, Office of the Federal Defender, for Petitioner-Appellant Donyel V. Brown.

Bill Lockyer; David P. Druliner; Robert R. Anderson; Arnold O. Overoye; Erik R. Brunkal, Attorney General of the State of California, for Respondent Appellee Ernie Roe, Warden.

Before POLITZ, W. FLETCHER, and FISHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

Petitioner Donyel V. Brown appeals the district court's dismissal of his petition for writ of habeas corpus as untimely, arguing that he is entitled to equitable tolling of the statute of limitations. The state counters that because Brown made his claim of equitable tolling for the first time in his objection to the magistrate judge's findings and recommendation, the district court's refusal to consider the claim...

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