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STEWART v. CATE

No. 10-55985.

734 F.3d 995 (2013)

DeArcey Jamul STEWART, Petitioner-Appellant, v. Matthew L. CATE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2013.

Attorney(s) appearing for the Case

Kurt David Hermansen (argued), Law Office of Kurt David Hermansen , San Diego, CA; Jan Stiglitz , Justin Brooks , Alexander Simpson , and Alissa Bjerkhoel , California Innocence Project, San Diego, CA, for Petitioner-Appellant.

Kevin Vienna (argued), Supervising Deputy Attorney General; Kamala D. Harris , Attorney General of California; Dane R. Gillette , Chief Assistant Attorney General; Gary W. Schons , Senior Assistant Attorney General; Raquel M. Gonzalez , Deputy Attorney General, San Diego, CA, for Respondent-Appellee.

Before: MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges, and JENNIFER G. ZIPPS, District Judge.

OPINION

ZIPPS, District Judge:

Appellant DeArcey Jamul Stewart ("Stewart") appeals from the district court's denial of his 28 U.S.C. § 2254 habeas petition as untimely. Stewart is serving a sentence in state prison of two life terms plus seven years following convictions for attempted murder. After pursuing post-conviction relief in state court, Stewart filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in the United States...

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