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FORD v. HUBBARD

Nos. 98-56455, 98-56587, 98-80477, 98-80582, 98-80603.

305 F.3d 875 (2002)

Richard Herman FORD, Petitioner-Appellant, v. S. HUBBARD, Warden; Daniel E. Lungren, Attorney General, Respondents-Appellees. Richard Herman Ford, Petitioner-Appellant, v. S. Hubbard, Warden; Attorney General of the State of California, Respondents-Appellees. Richard Herman Ford, Petitioner, v. United States District Court for the Central District of California, Respondent, S. Hubbard, Warden, Real Party in Interest. Richard Herman Ford, Petitioner, v. S. Hubbard, Warden, Respondent. Richard Herman Ford, Petitioner, v. United States District Court for the Central District of California, Respondent, S. Hubbard, Warden, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Submission vacated June 10, 2002.

Re-submitted July 24, 2002.

Filed September 6, 2002.

Attorney(s) appearing for the Case

Lisa M. Bassis, Los Angeles, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General for the State of California; David P. Druliner, Chief Assistant Attorney General; Carol Wendelin Pollack, Senior Assistant Attorney General; Steven D. Matthews, Supervising Deputy Attorney General; and Paul M. Roadarmel, Jr., Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before PREGERSON, REINHARDT and SILVERMAN, Circuit Judges.

OPINION

REINHARDT, Circuit Judge.

Richard Herman Ford, a California prisoner, appeals the district court's dismissal of his two habeas corpus petitions as time-barred under the Anti-Terrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C. § 2254(d). Both federal habeas petitions were initially timely filed in the district court by Ford proceeding pro se; however, both were "mixed" petitions...

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