WENTZELL v. NEVEN

No. 10-16605.

674 F.3d 1124 (2012)

Christopher Noel WENTZELL, Petitioner-Appellant, v. D.W. NEVEN; Nevada Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2012.


Attorney(s) appearing for the Case

Debra A. Bookout , Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.

Robert E. Wieland , Senior Deputy Attorney General, Reno, NV, for the respondents-appellees.

Before: A. WALLACE TASHIMA and BARRY G. SILVERMAN, Circuit Judges, and MARVIN J. GARBIS, Senior District Judge.


OPINION

TASHIMA, Circuit Judge:

Nevada state prisoner Christopher Wentzell appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court dismissed Wentzell's pro se petition as untimely under the one-year statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2244(d)(1), and, alternatively, as a "second or successive" petition, 28 U...

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