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SPITSYN v. MOORE

No. 02-35543.

345 F.3d 796 (2003)

Sergey Spitsyn, Petitioner-Appellant, v. Robert Moore, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2003.

As Amended November 3, 2003.

Attorney(s) appearing for the Case

Rita J. Griffith, Seattle, Washington, for the petitioner-appellant.

John J. Samson, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.

Before: Arthur L. Alarcón, Ronald M. Gould, and Richard R. Clifton, Circuit Judges.

Argued and Submitted August 5, 2003 — Seattle, Washington.

OPINION

CLIFTON, Circuit Judge:

Sergey Spitsyn appeals from the district court's dismissal of his petition for habeas corpus relief under 28 U.S.C. § 2254 as untimely. He argues that the deadline for filing his petition should be subject to equitable tolling because the delay in filing resulted from an "extraordinary circumstance" beyond...

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