Legal Opinion

Salvador Martinez v. Joe Klauser, Warden

Court of Appeals for the Ninth Circuit

Decided September 18, 2001No. 00-35422PublishedCited by 41 opinions

1Opinion of the Court

ORDER AND OPINION

WILLIAM A. FLETCHER, Circuit Judge:

ORDER

This court’s Memorandum disposition, filed June 5, 2001, is hereby withdrawn. The attached Opinion is filed in its place.

The petition for rehearing and petition for rehearing en banc, filed June 29, 2001, are denied as moot.

OPINION

Salvador Martinez appeals the district court’s dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court dismissed the petition on grounds of procedural default based on Martinez’s untimely filing of his petition for post-conviction relief in Idaho state court. Because we…

2Cases cited5 opinions

  1. Donald Ray Wells v. Manfred Maass, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1994
  2. Martinez v. StateIdaho Court of Appeals · 1997
  3. Cole v. StateIdaho Supreme Court · 2000
  4. Gomez v. StateIdaho Court of Appeals · 1991
  5. State v. MartinezIdaho Court of Appeals · 1992

3Cited by41 opinions

  1. Michael Wayne Jenkins v. Dan Johnson, SuperintendentCourt of Appeals for the Ninth Circuit · 2003
  2. Adonay Melendez v. Cheryl Pliler, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
  3. Bennett v. MuellerDistrict Court, C.D. California · 2005
  4. Jones v. McDanielCourt of Appeals for the Ninth Circuit · 2009
  5. Arellano v. State of IdahoDistrict Court, D. Idaho · 2020

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