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BRAMBLES v. DUNCAN

No. 01-55716.

330 F.3d 1197 (2003)

Michael D. BRAMBLES, Petitioner-Appellant, v. W.A. DUNCAN, Warden; C.A. Terhune, Director, California Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2003.

Attorney(s) appearing for the Case

Kenneth M. Stern, Woodland Hills, CA, for the petitioner-appellant.

Lawrence M. Daniels, Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before: THOMPSON and RAWLINSON, Circuit Judges, and SCHWARZER, Senior District Judge.

Opinion by Judge DAVID R. THOMPSON. Concurrence by Judge RAWLINSON.

DAVID R. THOMPSON, Circuit Judge:

Michael D. Brambles appeals the district court's dismissal of his habeas corpus petition as time-barred under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C. § 2244(d).

Brambles filed an earlier petition that was timely, but it included one exhausted and two unexhausted claims. The district court told Brambles he could either...

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