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TOWNSEND v. KNOWLES

No. 07-15712.

562 F.3d 1200 (2009)

William Emerson TOWNSEND, Petitioner-Appellant, v. Michael KNOWLES, Warden, Ione State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2009.

Attorney(s) appearing for the Case

John Paul Balazs, Law Offices of John P. Balazs, for the petitioner-appellant.

Robert Todd Marshall, Assistant Attorney General, AGCA—Office of the California Attorney General (SAC), for the respondent-appellee.

Before: PROCTER HUG, JR. and CARLOS T. BEA, Circuit Judges, and NANCY G. EDMUNDS, District Judge.

EDMUNDS, District Judge:

William Emerson Townsend, a California state prisoner, appeals the district court's order denying his 28 U.S.C. § 2254 habeas corpus petition, which challenged his conviction for second degree murder. In this appeal, we are asked to decide whether Townsend's petition is untimely based on an intervening change in the law, see Pace v. DiGuglielmo, 544 U.S. 408

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