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MENDOZA v. CAREY

No. 04-56733.

449 F.3d 1065 (2006)

Carlos MENDOZA, Petitioner-Appellant, v. Tom L. CAREY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2006.

Attorney(s) appearing for the Case

Stephen M. Lathrop, Rolling Hills Estates, CA, for the petitioner-appellant.

Keith H. Borjon, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: KLEINFELD, TASHIMA, and FISHER, Circuit Judges.

TASHIMA, Circuit Judge:

Carlos Mendoza, a California state prisoner, appeals from the judgment of the district court, which dismissed as untimely his petition for writ of habeas corpus. Under the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), habeas petitions must be filed within one year from the date when the petitioner's judgment of conviction became final. 28 U.S.C. § 2244(d). Mendoza, who is a Spanish speaker, argued that he should qualify...

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