Anthony (Tony) Gaston v. Anna Ramirez Palmer

ORDER GRANTING PETITION FOR REHEARING AND AMENDING OPINION

ORDER

In light of the Supreme Court’s opinion in Evans v. Chavis, — U.S. -, 126 S.Ct. 846, 163 L.Ed.2d 684 (2006), we grant the petition for panel rehearing.

In Gaston v. Palmer, 417 F.3d 1030 (9th Cir.2005), we held that habeas petitioner Anthony Gaston had timely filed in federal district court. In so holding, we concluded that he was entitled to “gap” or “interval” tolling for the periods between his applications for habeas corpus in state court, and that he therefore filed within the one-year statute of limitations of the…