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RAMIREZ v. YATES

No. 07-15087.

571 F.3d 993 (2009)

Anthony RAMIREZ, Petitioner-Appellant, v. James A. YATES, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2009.

Attorney(s) appearing for the Case

Maitreya Badami, San Francisco, CA, for the petitioner-appellant.

Juliet B. Haley, Office of the Attorney General of the State of California, San Francisco, CA, for the respondent-appellee.

Before: PROCTER HUG, JR., B. FLETCHER and HAWKINS, Circuit Judges.

HAWKINS, Circuit Judge:

Anthony Ramirez ("Ramirez") appeals the denial of his 28 U.S.C. § 2254 habeas petition as untimely, arguing that he is entitled to both statutory tolling under 28 U.S.C. § 2244(d)(2) and equitable tolling that together would render his petition timely filed; or, in the alternative, to the commencement of a new limitations period under 28 U.S.C. § 2244(d)(1)(B) because he was denied access to library materials, which new commencement...

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