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McCLENDON v. SHERMAN

No. 01-2608.

329 F.3d 490 (2003)

Demetrius McCLENDON, Petitioner-Appellant, v. Terry SHERMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 7, 2003.

Attorney(s) appearing for the Case

Craig A. Daly (argued and briefed), Detroit, MI, for Petitioner-Appellant.

Bethany L. Scheib, Office of the Atty. Gen., Raina I. Korbakis (argued and briefed), State of Michigan, Dept. of Atty. Gen., Habeas Corpus Div., Lansing, MI, for Respondent-Appellee.

Before GUY and MOORE, Circuit Judges; BECKWITH, District Judge.

OPINION

MOORE, Circuit Judge.

Petitioner Demetrius McClendon appeals from the district court's grant of summary judgment to the Respondent, arguing that the district court incorrectly determined that McClendon's habeas corpus petition was filed outside the statute of limitations provided in 28 U.S.C. § 2244(d)(1). McClendon argues that the district court incorrectly calculated his limitation period as having begun upon the conclusion of direct review...

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