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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