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NEDDS v. CALDERON

No. 08-56520.

678 F.3d 777 (2012)

Darryl D. NEDDS, Petitioner-Appellant, v. Art CALDERON, Warden, substituted for Don Taylor, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2012.

Attorney(s) appearing for the Case

Sean K. Kennedy , Federal Public Defender, Michael Tanaka (argued), Deputy Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

Edmund G. Brown Jr. , Attorney General of California; Dane R. Gillette , Chief Assistant Attorney General; Pamela C. Hamanaka , Senior Assistant Attorney General; Stephanie C. Brenan , Deputy Attorney General; David A. Wildman (argued), Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: HARRY PREGERSON, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.

OPINION

PREGERSON, Circuit Judge.

Petitioner-Appellant Darryl Nedds ("Nedds"), a California state prisoner, appeals the district court's holding that his 28 U.S.C. § 2254 habeas corpus petition is time-barred by the one-year statute of limitations created by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). The district court dismissed Nedds' habeas petition solely for untimeliness and did not reach the merits of Nedds' claim. Accordingly...

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