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SAFFOLD v. CAREY

No. 99-15541.

312 F.3d 1031 (2002)

Tony Eugene SAFFOLD, Petitioner-Appellant, v. Thomas L. CAREY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing January 14, 2003.

Attorney(s) appearing for the Case

Tony Eugene Saffold, Avenal, CA, Mary Katherine McComb, Davis, CA, for Petitioner-Appellant.

Stanley A. Cross, AAG, Attorney General's Office, Sacramento, CA, for Respondent-Appellee.

Before B. FLETCHER, CANBY, and O'SCANNLAIN, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

The Supreme Court having vacated the opinion of this court in Saffold v. Newland, 250 F.3d 1262 (9th Cir.2001), and remanded, we must decide whether the California Supreme Court's order denying Appellant's habeas corpus petition both "on the merits and for lack of diligence" means that his petition before that court was untimely and therefore ineligible for tolling

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