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ORTHEL v. YATES

No. 12-17165.

795 F.3d 935 (2015)

Klee Christopher ORTHEL, Petitioner-Appellant, v. James A. YATES, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2015.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General of California, Gerald A. Engler , Senior Assistant Attorney General, Peggy S. Ruffra (argued), Supervising Deputy Attorney General, San Francisco, CA, for Respondent-Appellee.

Before: MICHAEL DALY HAWKINS, N. RANDY SMITH, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

Petitioner-Appellant Klee Christopher Orthel ("Orthel") appeals an order of the district court granting Respondent-Appellee Warden James A. Yates's ("the State") motion to dismiss as untimely Orthel's habeas petition. Orthel argues he is entitled to equitable tolling of the Antiterrorism and Effective Death...

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