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ESPINOZA-MATTHEWS v. CALIFORNIA

No. 04-56805.

432 F.3d 1021 (2005)

Robert Jerome ESPINOZA-MATTHEWS, Petitioner-Appellant, v. People of the State of CALIFORNIA, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2005.

Attorney(s) appearing for the Case

Maria E. Stratton, Federal Public Defender; Harry Simon, Deputy Federal Public Defender; Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Gary W. Schons, Senior Assistant Attorney General; Gary W. Brozio, Supervising Deputy Attorney General; Erika Hiramatsu, Deputy Attorney General; Office of the Attorney General, San Diego, CA, for the respondent-appellee.

Before TASHIMA and FISHER, Circuit Judges, and SHADUR, Senior District Judge.

SHADUR, Senior District Judge.

Robert Jerome Espinoza-Matthews ("Espinoza-Matthews") appeals the district court's determination that his petition for a writ of habeas corpus was barred by the one-year statute of limitations set out in 28 U.S.C. § 2244(d).1 Espinoza-Matthews claims that the statute of limitations governing his habeas petition (1) should be equitably tolled both because he was denied access to his legal materials while...

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