Legal Opinion

Fortunado L. Dictado,petitioner-Appellant v. Kenneth Ducharme,respondent-Appellee

Court of Appeals for the Ninth Circuit

Decided March 28, 2001No. 98-35531PublishedCited by 94 opinions

1Opinion of the Court

ORDER

BEEZER, Circuit Judge:

The opinion filed on August 26, 1999, published in 189 F.3d 889, is withdrawn.

OPINION

Fortunado Dictado appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court concluded that Dictado filed his petition after the expiration of the one-year statute of limitations established in 28 U.S.C. § 2244(d)(1), the Antiterrorism and Effective Death Penalty Act (“AEDPA”), and dismissed the petition as untimely. Dictado argues that the limitations period was tolled while his 1997 personal restraint petition was pending in the Washington state…

2Cases cited8 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
  3. Steven R. Lovasz v. Scig Supt. Donald T. VaughnCourt of Appeals for the Third Circuit · 1998
  4. Tony Bruce Bennett v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 1999
  5. State v. DictadoWashington Supreme Court · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by94 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
  3. Waldron-Ramsey v. PacholkeCourt of Appeals for the Ninth Circuit · 2009
  4. Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
  5. Harris v. CarterCourt of Appeals for the Ninth Circuit · 2008

89 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API