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ROGERS v. FERRITER

No. 13-35790.

796 F.3d 1009 (2015)

Rusty ROGERS, Petitioner-Appellant, v. Mike FERRITER; Martin Frink, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2015.

Attorney(s) appearing for the Case

David F. Ness (argued), Assistant Federal Defender, Anthony R. Gallagher , Federal Defender, Federal Defenders of Montana, Great Falls, MT, for Petitioner-Appellant.

Jonathan M. Krauss (argued), Assistant Attorney General, Timothy C. Fox , Attorney General, Office of the Montana Attorney General, Helena, MT, for Respondents-Appellees.

Before: WILLIAM A. FLETCHER and ANDREW D. HURWITZ, Circuit Judges, and MICHAEL M. BAYLSON, Senior District Judge.

OPINION

Under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), state prisoners must file federal petitions for habeas corpus within one year of the date on which the challenged conviction becomes final. 28 U.S.C. § 2244(d)(1). That limitations period is tolled while a petitioner's "properly...

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