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CROSS v. SISTO

No. 08-17324.

676 F.3d 1172 (2012)

Terrell CROSS, Petitioner-Appellant, v. D.K. SISTO, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2012.

Attorney(s) appearing for the Case

Mary E. Pougiales , Novato, CA, for the petitioner-appellant.

Edmund G. Brown, Jr. , Attorney General of California, San Francisco, CA, Dane R. Gillette , Chief Assistant Attorney General, San Francisco, CA, Gerald A. Engler , Senior Assistant Attorney General, San Francisco, CA, Peggy S. Ruffra , Supervising Deputy Attorney General, San Francisco, CA, Dorian Jung , Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CARLOS T. BEA, Circuit Judges.

OPINION

BEA, Circuit Judge:

California prisoner Terrell Cross appeals the district court's denial of his petition for a writ of habeas corpus, claiming that the district court incorrectly interpreted an earlier ruling by the California Supreme Court on one of Cross's state habeas petitions. The district court read that ruling as denying Cross's state court relief because Cross's petition in state court had been untimely filed. The district court therefore...

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