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CURIEL v. MILLER

No. 11-56949.

830 F.3d 864 (2016)

Freddy CURIEL, Petitioner-Appellant, v. Amy MILLER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2016.

Attorney(s) appearing for the Case

Jan B. Norman (argued), Altadena, California, for Petitioner-Appellant.

Kevin Vienna (argued), Supervising Deputy Attorney General; Angela M. Borzachillo , Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Concurrence by Judge Bybee.

OPINION

This case concerns the timeliness of Freddy Curiel's federal habeas petition under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). We hold that the district court erred in dismissing Curiel's habeas petition as untimely.

BACKGROUND...

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