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STILLMAN v. LAMARQUE

No. 02-15139.

319 F.3d 1199 (2003)

Fred G. STILLMAN, Petitioner-Appellant, v. A.A. LAMARQUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 18, 2003.

Attorney(s) appearing for the Case

Gail R. Weinheimer, San Anselmo, CA, for the petitioner.

Bruce Ortega, Deputy Attorney General, State of California, San Francisco, CA, for the respondent.

Before SILVERMAN and GOULD, Circuit Judges, and WEINER, District Judge.

GOULD, Circuit Judge.

We are asked to determine whether California prisoner Fred Stillman's habeas corpus petition was timely.1 Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), the timeliness of Stillman's federal habeas petition depends on whether he filed an earlier California habeas petition before the close of business on August 11, 1999.2 The California Supreme Court clerk stamped...

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