RASBERRY v. GARCIA

No. 03-15854.

448 F.3d 1150 (2006)

Jackie Ervin RASBERRY, Petitioner-Appellant, v. Rosie B. GARCIA, et al., Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2006.


Attorney(s) appearing for the Case

Ann C. McClintock, Assistant Federal Defender, Sacramento, CA, for the petitioner-appellant.

Mark A. Johnson and Eric L. Christoffersen, Deputy Attorneys General, Sacramento, CA, for the respondents-appellees.

Before SCHROEDER, Chief Judge, TROTT and KLEINFELD, Circuit Judges.


TROTT, Circuit Judge.

Petitioner, Jackie Ervin Rasberry, appeals the dismissal as untimely of his 28 U.S.C. § 2254 habeas corpus petition. Rasberry contends that he is entitled to equitable tolling because the district court dismissed Rasberry's wholly unexhausted habeas petition when it should have been apparent to the court that Rasberry had accidently omitted from the petition two claims that he had exhausted in state court. Rasberry argues that the district...

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