SHELBY v. BARTLETT

No. 03-35847.

391 F.3d 1061 (2004)

Eric V. SHELBY, Petitioner-Appellant, v. James BARTLETT, Warden; Brian Superintendant of Oregon State Penitentiary, Superintendant, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2004.


Attorney(s) appearing for the Case

Anthony D. Bornstein, Assistant Federal Public Defender, for the petitioner/appellant.

Carolyn Alexander, Assistant Attorney General, Salem, OR, for the respondents/appellees.

Before: FERGUSON, TROTT, and KLEINFELD, Circuit Judges.


TROTT, Circuit Judge:

This appeal raises the issue of whether the one-year limitation period set forth in 28 U.S.C. § 2244(d)(1) applies to a 28 U.S.C. § 2254 habeas corpus petition challenging a state prison administrative disciplinary decision. Eric Shelby admits that § 2244's limitation period applies to habeas petitions challenging state court judgments, but he argues that the limitation period does not apply to petitions challenging prison administrative...

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