Anthony (Tony) Gaston v. Anna Ramirez Palmer
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WILLIAM A. FLETCHER, Circuit Judge.
Anthony Gaston, a California prisoner, seeks review of the district court’s dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court held that Gaston’s petition was time-barred under the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act (“AEDPA”). 28 U.S.C. § 2244(d)(1). Gaston concedes that he filed his petition more than one year after the statutory period began to run, but he makes three arguments why the statute should be tolled. We agree with his third argument, and hold, on the…
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