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THOMPSON v. LEA

No. 09-55753.

681 F.3d 1093 (2012)

Kenny Warren THOMPSON, Petitioner-Appellant, v. Melissa LEA, Chief Deputy Administrator of the California Out of State Correctional Facility Unit, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2012.

Attorney(s) appearing for the Case

Geoffrey M. Jones , Fairfax, CA, for the petitioner-appellant.

Rama R. Maline , Office of the California Attorney General, Los Angeles, CA, for the respondent-appellee.

Opinion by Judge GOULD; Dissent by Judge TALLMAN.

OPINION

GOULD, Circuit Judge:

California state prisoner Kenny Warren Thompson appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition because of its conclusion that the petition was time-barred. We have jurisdiction under 28 U.S.C. § 2253. We reverse and remand.

The Antiterrorism and Effective Death Penalty Act ("AEDPA") sets a one-year limitations period in which a state prisoner must file a federal habeas corpus...

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