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VALDEZ v. MONTGOMERY

No. 16-56845.

918 F.3d 687 (2019)

Martin Leyva VALDEZ, Jr., Petitioner-Appellant, v. W.L. MONTGOMERY, Acting Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2019.

Attorney(s) appearing for the Case

Stephanie M. Adraktas , Berkeley, California, for Petitioner-Appellant.

Xavier Becerra , Attorney General of California; Julie L. Garland , Senior Assistant Attorney General; Robin Urbanski , Supervising Deputy Attorney General; Sharon L. Rhodes , Deputy Attorney General; Vincent P. LaPietra , Deputy Attorney General; Office of the California Attorney General, San Diego, California; for Respondent-Appellee.

Before: Ronald M. Gould, Jacqueline H. Nguyen, and John B. Owens, Circuit Judges.

OPINION

We once again consider whether a California-state prisoner is entitled to statutory tolling under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). Because we hold that Petitioner-Appellant Martin Valdez is not, we affirm the district court's dismissal of Valdez's federal habeas petition...

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