David C. Smith v. W.A. Duncan, Warden
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER AND AMENDED OPINION
RAWLINSON, Circuit Judge.
ORDER
The Opinion filed on December 19, 2001 and amended on May -20, 2002, should be replaced in its entirety with the attached opinion.
OPINION
AppellanL-Petitioner David C. Smith (“Smith”) appeals the district court’s grant of Appellee-Respondent W.A. Duncan’s (the “Government’s”) motion to dismiss Smith’s federal petition for habeas corpus as untimely. When ruling on the motion, the district court was faced with an incomplete record. The facts, as they were presented to the district court, are recounted in the “Background” section of this…
2Cases cited17 opinions
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- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
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