Legal Opinion

Ford v. Hubbard

Court of Appeals for the Ninth Circuit

Decided September 6, 2002No. Nos. 98-56455, 98-56587, 98-80477, 98-80582, 98-80603PublishedCited by 25 opinions

1Opinion of the Court

*878OPINION

REINHARDT, Circuit Judge.

Richard Herman Ford, a California prisoner, appeals the district court’s dismissal of his two habeas corpus petitions as time-barred under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2254(d). Both federal habeas petitions were initially timely filed in the district court by Ford proceeding pro se; however, both were “mixed” petitions containing exhausted as well as unexhausted claims. Along with the mixed petitions, Ford filed motions to stay each of them while he exhausted the then-unexhausted claims in state court. The district…

2Cases cited49 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Michael Henry Ferdik v. Joe Bonzelet, SheriffCourt of Appeals for the Ninth Circuit · 1992
  4. Rose v. LundySupreme Court of the United States · 1982
  5. Duncan v. WalkerSupreme Court of the United States · 2001

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3Cited by25 opinions

  1. Andreas Kelly v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2003
  2. Fred G. Stillman v. A.A. LamarqueCourt of Appeals for the Ninth Circuit · 2003
  3. Paul Modrowski v. Stephen D. MoteCourt of Appeals for the Seventh Circuit · 2003
  4. Joseph Hunt v. Cheryl Pliler, Warden Csp-Sac Cal Terhune, Director of the CDC California Department of Corrections California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. James Edward Smith v. J.M. Ratelle B. Kathleen BlanchardCourt of Appeals for the Ninth Circuit · 2003

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