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YOW MING YEH v. MARTEL

No. 11-55625.

751 F.3d 1075 (2014)

YOW MING YEH, Petitioner-Appellant, v. Matthew MARTEL, Chief Deputy Warden (A), Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2014.

Attorney(s) appearing for the Case

Rose D. Angulo (argued) and Sean Kennedy , Federal Public Defenders, Santa Ana, CA, for Petitioner-Appellant.

Matthew Mulford (argued), Julie Garland , and Kevin Vienna , California Department of Justice, San Diego, CA, for Respondent-Appellee.

Before: Myron H. Bright, Jerome Farris, and Andrew D. Hurwitz, Circuit Judges.

OPINION

FARRIS, Circuit Judge:

I.

On July 18, 2006, Yow Ming Yeh pled guilty to one count of battery in California state court for biting a correctional officer while incarcerated at the California Rehabilitation Center. His state court judgment became final on September 18, 2006, when the time for appealing his conviction expired. He filed no direct appeal. In the year that followed, Yeh continued to request assistance for an appeal. On March...

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