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SOSSA v. DIAZ

No. 10-56104.

729 F.3d 1225 (2013)

Armando Jose SOSSA, Petitioner-Appellant, v. Ralph M. DIAZ, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2013.

Attorney(s) appearing for the Case

Jan B. Norman , Los Angeles, CA, for Petitioner-Appellant.

Michael Katz , Deputy Attorney General, State of California, Los Angeles, CA, for Respondent-Appellee.

Before: RICHARD A. PAEZ and PAUL J. WATFORD, Circuit Judges, and MATTHEW F. KENNELLY, District Judge.

OPINION

PAEZ, Circuit Judge:

State prisoner Armando Jose Sossa, proceeding pro se, filed a petition for a writ of habeas corpus in the district court challenging the constitutionality of his second degree robbery conviction. The district court dismissed the petition on the ground that it was untimely. We hold that Sossa is entitled to equitable tolling on the ground that he relied on the assigned magistrate...

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