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ALLEN v. LEWIS

No. 01-15503.

295 F.3d 1046 (2002)

James Darryl ALLEN, Petitioner-Appellant, v. Gail LEWIS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2002.

Attorney(s) appearing for the Case

David M. Porter, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.

Peggy S. Ruffra, Supervising Deputy Attorney General, and Dane R. Gillette, Senior Assistant Attorney General, San Francisco, CA, for the respondent-appellee.

Before SCHROEDER, Chief Judge, REINHARDT, KOZINSKI, O'SCANNLAIN, TROTT, RYMER, KLEINFELD, THOMAS, McKEOWN, TALLMAN and RAWLINSON, Circuit Judges.

ORDER

The district court held that Allen's petition for a writ of habeas corpus under 28 U.S.C. § 2254 was filed sixteen days after the AEDPA one-year statute of limitations had expired. See 28 U.S.C. § 2244(d). After the panel opinion affirmed the district court, we decided Bunney v. Mitchell, 262 F.3d 973 (9th Cir.2001), where we held that the California Supreme Court's denial of a petition for collateral...

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