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CAMPBELL v. HENRY

No. 07-16481.

614 F.3d 1056 (2010)

Valerie CAMPBELL, Petitioner-Appellant, v. Gloria HENRY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2010.

Attorney(s) appearing for the Case

Eric G. Babcock, Oakland, CA, for the petitioner-appellant.

Edmund G. Brown, Jr., Attorney General of California; Dana R. Gillette, Chief Assistant Attorney General; Gerald A. Engler, Senior Assistant Attorney General; Peggy S. Ruffra, Supervising Deputy Attorney General; Christopher J. Wei, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before STEPHEN REINHARDT, WILLIAM A. FLETCHER and N. RANDY SMITH, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

Valerie Campbell is a prisoner at Valley State Prison for Women in Chowchilla, California. The District Court dismissed her federal petition for writ of habeas corpus for failure to file within the one year statute of limitations mandated by 28 U.S.C. § 2244(d). She appeals and we reverse.

Campbell contends, correctly, that for purposes of the § 2244(d) statute of limitations she was entitled to the benefit...

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