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Allen v. Lewis

United States Court of Appeals, Ninth Circuit
Jul 15, 2002
295 F.3d 1046 (9th Cir. 2002)

Summary

reaffirming Bunney v. Mitchell, 262 F.3d 973 (9th Cir. 2001) (per curiam), superseded by Cal. Rule of Court 8.532(b)(C)

Summary of this case from Henry v. Carlin

Opinion

No. 01-15503.

Argued and Submitted June 18, 2002.

Filed July 15, 2002.

David M. Porter, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.

Peggy S. Ruffra, Supervising Deputy Attorney General, and Dane R. Gillette, Senior Assistant Attorney General, San Francisco, CA, for the respondent-appellee.

Appeal from the United States District Court for the Northern District of California, Ronald M. Whyte, District Judge, Presiding. D.C. No. CV-99-20054-RMW.

Before SCHROEDER, Chief Judge, REINHARDT, KOZINSKI, O'SCANNLAIN, TROTT, RYMER, KLEINFELD, THOMAS, McKEOWN, TALLMAN and RAWLINSON, Circuit Judges.


ORDER

The district court held that Allen's petition for a writ of habeas corpus under 28 U.S.C. § 2254 was filed sixteen days after the AEDPA one-year statute of limitations had expired. See 28 U.S.C. § 2244(d). After the panel opinion affirmed the district court, we decided Bunney v. Mitchell, 262 F.3d 973 (9th Cir. 2001), where we held that the California Supreme Court's denial of a petition for collateral relief does not become final until thirty days after the denial is issued. Id. at 974 (citing Rule 24 of the California Rules of Court). We so held after the California Supreme Court had declined to answer our certified question on this point. Id. (citing Bunney v. Mitchell, 249 F.3d 1188, 1188-89 (9th Cir. 2001)). Under Bunney, which we now reaffirm, the petition in this case was timely. The judgment of the district court is therefore REVERSED and the matter REMANDED for consideration of the petition for habeas corpus.


Summaries of

Allen v. Lewis

United States Court of Appeals, Ninth Circuit
Jul 15, 2002
295 F.3d 1046 (9th Cir. 2002)

reaffirming Bunney v. Mitchell, 262 F.3d 973 (9th Cir. 2001) (per curiam), superseded by Cal. Rule of Court 8.532(b)(C)

Summary of this case from Henry v. Carlin

reaffirming Bunney v. Mitchell, 262 F.3d 973 (9th Cir. 2001) (per curiam), superseded on other grounds by Cal. Rule of Court 8.532(b)(C)

Summary of this case from Ramsey v. Blades

reaffirming Bunney v. Mitchell, 262 F.3d 973 (9th Cir. 2001) (per curiam), superseded on other grounds by Cal. Rule of Court 8.532(b)(C)

Summary of this case from Mitchell v. Idaho

reaffirming Bunney v. Mitchell, 262 F.3d 973 (9th Cir. 2001) (per curiam), superseded by Cal. Rule of Court 8.532(b)(C)

Summary of this case from Lazinka v. Little

reaffirming Bunney v. Mitchell, 249 F.3d 1188 (9th Cir. 2001), superseded by Cal. Rule of Court 29.4(b)(C)

Summary of this case from McDermott v. Carlin

reaffirming Bunney v. Mitchell, 249 F.3d 1188 (9th Cir. 2001), superseded by Cal. Rule of Court 29.4(b)(C)

Summary of this case from Colon v. Reinke

reaffirming Bunney v. Mitchell, 249 F.3d 1188 (9th Cir. 2001), superseded by Cal. Rule of Court 29.4(b)(C)

Summary of this case from Woodley v. Blades

reaffirming Bunney v. Mitchell, 262 F.3d 973, 974 (9th Cir. 2001)

Summary of this case from Contreras v. Curry

reaffirming Bunney v. Mitchell, 262 F.3d 973, 974 (9th Cir. 2001)

Summary of this case from Flores v. Kane

reaffirming Bunney v. Mitchell, 262 F.3d 973, 974 (9th Cir. 2001)

Summary of this case from Campos v. Campbell

reaffirming Bunney v. Mitchell, 262 F.3d 973, 974 (9th Cir. 2001)

Summary of this case from Wieland v. Carey

tolling under § 2244(d) ends 30 days after the Supreme Court of California's denial of the final habeas petition is filed because that is when the denial becomes "final" under California Rule of Court 24

Summary of this case from Smith v. Newland
Case details for

Allen v. Lewis

Case Details

Full title:James Darryl ALLEN, Petitioner-Appellant, v. Gail LEWIS, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 15, 2002

Citations

295 F.3d 1046 (9th Cir. 2002)

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