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WADE v. ROBINSON

No. 01-7768.

327 F.3d 328 (2003)

Carroll E. WADE, Petitioner-Appellant, v. Dave ROBINSON, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 22, 2003.

Attorney(s) appearing for the Case

ARGUED: Christie Ann Leary, Greenspun & Mann, P.C., Fairfax, Virginia, for Appellant. William W. Muse, Assistant Attorney General, Division of Public Safety & Enforcement, Office Of The Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: ON BRIEF: Jerry W. Kilgore, Attorney General, Division of Public Safety & Enforcement, Office Of The Attorney General, Richmond, Virginia, for Appellee.

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS joined. Judge GREGORY wrote a concurring opinion.

OPINION

LUTTIG, Circuit Judge:

Petitioner Wade appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely pursuant to 28 U.S.C. § 2244(d)(1)(A). Wade contends first that section 2244(d)(1) does not apply to his petition, which challenges the state's rescindment of...

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