DELHOMME v. RAMIREZ

No. 00-56148.

340 F.3d 817 (2003)

Rene Joseph Delhomme, Petitioner-Appellant, v. Ana M. Ramirez, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2003.


Attorney(s) appearing for the Case

Karyn H. Bucur, Laguna Hills, California, for the petitioner-appellant.

Kenneth C. Byrne, Ana R. Duarte, Deputy Attorney Generals, Los Angeles, California, for the respondent-appellee.

Before James R. Browning, B. Fletcher, and Barry G. Silverman, Circuit Judges.


OPINION

PER CURIAM.

Rene Delhomme challenged his conviction and sentence by filing three habeas petitions in California courts in ascending order. While they were pending, Delhomme filed additional and overlapping state habeas petitions. His federal habeas petition was later dismissed as time-barred under 28 U.S.C. § 2244(d)(1). Since we find that the subsequent overlapping petitions did not affect the pendency of his first round of state collateral...

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