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JENKINS v. JOHNSON

No. 99-36194.

330 F.3d 1146 (2003)

Michael Wayne JENKINS, Petitioner-Appellant, v. Dan JOHNSON, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted May 13, 2003.

Filed May 20, 2003.

Attorney(s) appearing for the Case

Steven T. Wax and Lisa Hay, Federal Public Defender's Office, Portland, OR, for the petitioner-appellant.

Daniel J. Casey, Justice Department, State of Oregon, Salem, OR, for the respondent-appellee.

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

Opinion by Judge BETTY B. FLETCHER. Dissent by Judge O'SCANNLAIN.

OPINION

BETTY B. FLETCHER, Circuit Judge.

This case poses the question of when a federal habeas petitioner's state-court petition for post-conviction relief counts as "properly filed" and as "pending" for the purposes of tolling the Anti terrorism and Effective Death Penalty Act's ("AEDPA's") one-year limitations period. Petitioner Michael...

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