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McMONAGLE v. MEYER

No. 12-15360.

766 F.3d 1151 (2014)

Brian Joseph McMONAGLE, Petitioner-Appellant, v. Don L. MEYER, Chief Probation Officer of Sacramento County, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2014.

Attorney(s) appearing for the Case

Charles Marchand Bonneau, II , Sacramento, CA; for Petitioner-Appellant.

Brian G. Smiley (argued), Supervising Deputy Attorney General; Brian R. Means , Deputy Attorney General; Michael P. Farrell , Senior Assistant Attorney General, and Kamala D. Harris , Attorney General, Office of the Attorney General, Sacramento, CA, for Respondent-Appellee.

Before: SIDNEY R. THOMAS and JOHNNIE B. RAWLINSON, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

DUFFY, District Judge:

Petitioner-Appellant Brian Joseph McMonagle appeals the district court's dismissal of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. McMonagle seeks relief from a misdemeanor conviction for driving under the influence. In response to McMonagle's petition, the Attorney General's office filed a motion to dismiss the petition as untimely. On January 30, 2012, the district court granted Appellee's...

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