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GASTON v. PALMER

No. 01-56367.

417 F.3d 1030 (2005)

Anthony (Tony) GASTON, Petitioner-Appellant, v. Anna Ramirez PALMER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission September 22, 2003.

Resubmitted October 7, 2004.

Filed August 2, 2005.

Attorney(s) appearing for the Case

Gerson Simon, Los Angeles, CA, for the petitioner-appellant.

Anthony (Tony) Gaston, California Medical Facility, Vacaville, CA, for the petitioner-appellant.

Kyle Brodie, Michelle J. Pirozzi, AGCA — Office of the California Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: KLEINFELD, WARDLAW, and FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

Anthony Gaston, a California prisoner, seeks review of the district court's dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court held that Gaston's petition was time-barred under the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act ("AEDPA"). 28 U.S.C. § 2244(d)(1). Gaston concedes that he filed his petition more than one year after the statutory...

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