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RODRIGUEZ v. SPENCER

No. 03-2139.

412 F.3d 29 (2005)

Jose Lincoln RODRIGUEZ, Petitioner, Appellant, v. Luis SPENCER, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 15, 2005.

Attorney(s) appearing for the Case

Matthew V. Soares, for appellant.

Susanne G. Reardon, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.

Before SELYA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a one-year statute of limitations for a state prisoner's filing of a federal habeas corpus petition. 28 U.S.C. § 2244(d)(1). That limitations period is tolled, however, while "a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending." Id. § 2244(d)(2) (emphasis...

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