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WALDRIP v. HALL

No. 07-55512.

548 F.3d 729 (2008)

Anthony WALDRIP, Petitioner-Appellant, v. James E. HALL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2008.

Attorney(s) appearing for the Case

Gail Ivens, Deputy Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

Yun K. Lee, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

CLIFTON, Circuit Judge:

In this case we are called upon to apply the Supreme Court's decision in Evans v. Chavis, 546 U.S. 189, 126 S.Ct. 846, 163 L.Ed.2d 684 (2006). Petitioner Anthony Waldrip, a California state prisoner, filed a petition for habeas corpus under 28 U.S.C. § 2254. The district court dismissed the petition as untimely under the relevant statute of limitations, 28 U.S.C. § 2244(d). The key issue is whether...

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