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ORPIADA v. McDANIEL

No. 12-17131.

750 F.3d 1086 (2014)

Antonio ORPIADA, Petitioner-Appellant, v. E.K. McDANIEL; Nevada Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2014.

Attorney(s) appearing for the Case

Jonathan M. Kirshbaum (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; John C. Lambrose , Assistant Federal Public Defender, Las Vegas, NV, for Petitioner-Appellant.

Jeffrey M. Conner (argued), Deputy Attorney General; Catherine Cortez Masto , Attorney General, Carson City, NV, for Respondents-Appellees.

Before: M. MARGARET McKEOWN and RONALD M. GOULD, Circuit Judges, and GORDON J. QUIST, Senior District Judge.

OPINION

McKEOWN, Circuit Judge:

This case raises the familiar question of whether a prisoner timely filed a petition for a writ of habeas corpus in federal court. For Antonio Orpiada, an inmate in Nevada State prison, the answer hinges on whether the prison mailbox rule applies to the filing of his state habeas corpus petition for the purpose of triggering statutory tolling of the Antiterrorism and Effective Death Penalty Act ("AEDPA") limitations period...

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