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STREU v. DORMIRE

No. 07-3430.

557 F.3d 960 (2009)

Larry STREU, Appellant, v. Dave DORMIRE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2009.

Attorney(s) appearing for the Case

Elizabeth Unger Carlyle, Columbus, MS, argued, for appellant.

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee.

Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

Larry Streu appeals the district court's dismissal of his petition for writ of habeas corpus as untimely. Reviewing the dismissal de novo, see Boston v. Weber, 525 F.3d 622, 624 (8th Cir.2008), we reverse and remand for further proceedings.

Under the federal Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), a state prisoner has one year from the date on which his judgment of conviction...

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