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SMITH v. DUNCAN

No. 00-16458.

297 F.3d 809 (2002)

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

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2001.

Amended May 20, 2002.

Amended July 17, 2002.

Attorney(s) appearing for the Case

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

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

Before REINHARDT, HAWKINS and RAWLINSON, Circuit Judges.

ORDER AND AMENDED OPINION

RAWLINSON, Circuit Judge.

ORDER

The Opinion filed on December 19, 2001 and amended on May 20, 2002, should be replaced in its entirety with the attached opinion.

OPINION

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...

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