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HEBNER v. McGRATH

No. 06-16533.

543 F.3d 1133 (2008)

Alfred W. HEBNER, Petitioner-Appellant, v. Joe McGRATH, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2008.

Attorney(s) appearing for the Case

George C. Boisseau and Dena Meierhenry (argued), Santa Rosa, CA, for the appellant.

Nanette Winaker (argued), Deputy Attorney General, State of California, San Francisco, CA, for the appellee.

Before: RONALD M. GOULD, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

CLIFTON, Circuit Judge:

Alfred W. Hebner seeks to challenge his California state conviction with a petition for habeas corpus under 28 U.S.C. § 2254. The primary question presented by this appeal is whether a new argument contained within a proposed amended habeas corpus petition, filed by Hebner after the one-year limitations period imposed by 28 U.S.C. § 2244(d)(1), part of the Antiterrorism and Effective Death Penalty Act (AEDPA), related back to his...

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