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COWHERD v. MILLION

No. 02-5499.

380 F.3d 909 (2004)

Johnny COWHERD, Petitioner-Appellant, v. George MILLION, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 2004.

Attorney(s) appearing for the Case

Christopher J. pagan (argued and briefed), Repper, Powers & Pagan, Middleton, OH, for Petitioner-Appellant.

David A. Smith (argued and briefed), Asst. Attorney General, Office of the Attorney General, Frankfort, KY, for Respondent-Appellee.

Before: BOGGS, Chief Judge; and MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

OPINION

BOGGS, Chief Judge.

Petitioner Johnny Cowherd, a state prisoner in Kentucky, appeals from the denial of his petition for a writ of habeas corpus. The district court, relying on Austin v. Mitchell, 200 F.3d 391 (6th Cir.1999), found that Cowherd's claim had been time-barred under 28 U.S.C. § 2244(d)(1), which establishes a one-year statute of limitations for filing habeas petitions. The question before...

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