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McMONAGLE v. MEYER

No. 12-15360.

802 F.3d 1093 (2015)

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

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2015.

Attorney(s) appearing for the Case

Charles Marchand Bonneau, II (argued), Sacramento, CA, for Petitioner-Appellant.

Brian G. Smiley (argued), Supervising Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge and HARRY PREGERSON, BARRY G. SILVERMAN, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN, MILAN D. SMITH, JR., MORGAN CHRISTEN, JACQUELINE H. NGUYEN and MICHELLE T. FRIEDLAND, Circuit Judges.

OPINION

Brian McMonagle seeks federal habeas review of a California misdemeanor conviction for driving while under the influence of alcohol. The district court dismissed McMonagle's petition as untimely under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), and he appealed. In order to determine the timeliness...

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