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SERRANO v. WILLIAMS

No. 02-2268.

383 F.3d 1181 (2004)

Jerry SERRANO, Petitioner-Appellant, v. Joseph WILLIAMS, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 14, 2004.

Attorney(s) appearing for the Case

Brian A. Pori of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Frye, LLP, Albuquerque, NM, for Petitioner-Appellant.

Patricia Gandert, Assistant Attorney General, (Patricia A. Madrid, Attorney General, with her on the brief) Santa Fe, NM, for Respondent-Appellee.

Before HENRY, Circuit Judge, LUCERO, Circuit Judge, and FIGA, District Judge.

FIGA, District Judge.

Petitioner Jerry Serrano, a New Mexico state prisoner, appeals from the district court's order dismissing his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court determined that Mr. Serrano failed to file his petition within the one-year limitations period provided for in the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"). See 28 U.S.C. § 2244(d)(1). We granted a certificate of appealability...

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