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CORDLE v. GUARINO

No. 05-1094.

428 F.3d 46 (2005)

Melissa Jo CORDLE, Petitioner, Appellant, v. Barbara GUARINO, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 2, 2005.

Attorney(s) appearing for the Case

Kevin J. Reddington, for petitioner-appellant.

Maura D. McLaughlin, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, were on brief, for respondent-appellee.

Before TORRUELLA, Circuit Judge, SILER, Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

On March 23, 2004, the district court issued an order dismissing defendant-appellant Melissa Jo Cordle's habeas corpus petition for being time-barred under the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2244. On September 1, 2004, the district court granted a certificate of appealability on the issue of "whether, in the circumstances of [Cordle's] case, the time limitations of the AEDPA should be equitably...

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