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FUE v. BITER

No. 12-55307.

810 F.3d 1114 (2016)

Steven Pelesasa FUE, Petitioner-Appellant, v. Martin BITER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2016.

Attorney(s) appearing for the Case

Sean K. Kennedy, Federal Public Defender, Michael Tanaka, Deputy Federal Public Defender, Los Angeles, CA, for Petitioner-Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Yun K. Lee, Deputy Attorney General, Los Angeles, CA, for Respondent-Appellee.

Opinion by Judge RAWLINSON; Dissent by Judge BYBEE.

OPINION

California state prisoner Steven Pelesasa Fue (Fue) appeals the district court's dismissal, as untimely, of his petition for a writ of habeas corpus, filed pursuant to the Antiterrorism and Effective Death Penalty Act (the Act), 28 U.S.C. § 2254. Fue contends that he is entitled to equitable tolling...

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