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SMITH v. RATELLE

No. 99-55824.

323 F.3d 813 (2003)

James Edward SMITH, Petitioner-Appellant, v. J.M. RATELLE; B. Kathleen Blanchard, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated December 18, 2000.

Resubmitted March 20, 2003.

Filed March 26, 2003.

Attorney(s) appearing for the Case

Maria E. Stratton, Federal Public Defender, and Mark R. Drozdowski, Deputy Federal Public Defender, Los Angeles, CA, for the petitioner.

Bill Lockyer, Attorney General of California, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, and Theresa A. Cochrane, Deputy Attorney General, Los Angeles, CA, for the respondent.

Before: BROWNING, PREGERSON, and BEEZER, Circuit Judges.

Opinion by Judge JAMES R. BROWNING; Dissent by Judge BEEZER.

JAMES R. BROWNING, Circuit Judge.

California state prisoner James E. Smith appeals the dismissal of his habeas corpus petition as barred by the one-year statute of limitations of the Anti Terrorism and Effective Death Penalty Act (AEDPA). We hold that Smith is entitled to equitable tolling because the district court erroneously dismissed his earlier, timely...

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