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HARRIS v. CARTER

No. 06-35313.

515 F.3d 1051 (2008)

Jerry L. HARRIS, Petitioner-Appellant, v. Sandra CARTER, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2008.

Attorney(s) appearing for the Case

David Zuckerman (argued), Sheryl Gordon McCloud (briefed), Seattle, WA, for the petitioner-appellant.

Gregory J. Rosen, Olympia, WA, Assistant Attorney General, Criminal Justice Division, for the respondent-appellee.

Timothy Foley, Washington, DC, for Amicus Curiae National Association of Criminal Defense Lawyers.

Before: ROBERT R. BEEZER, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.

BEEZER, Circuit Judge:

Jerry Harris ("Harris") appeals the district court's order dismissing Harris' 28 U.S.C. § 2254 petition for a writ of habeas corpus as time-barred and concluding that Harris is not entitled to equitable tolling. Harris argues that he is entitled to equitable tolling because he relied on our precedent. We were subsequently overruled by the Supreme Court in a decision that holds that untimely state habeas corpus petitions do not toll the...

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