Donald Ray Patterson v. Terry L. Stewart
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FISHER, Circuit Judge:
On June 19, 1998, Donald Ray Patterson filed a petition for writ of habeas corpus in federal court challenging the constitutionality of his conviction for sexual assault, kidnapping, aggravated assault and burglary. The district court dismissed Patterson’s petition as untimely, concluding that Patterson had filed his petition one day too late. Patterson now appeals, claiming the district court failed to calculate the limitations period properly, and in so doing denied him the benefit of one crucial day — the day on which he filed his petition. To resolve this question,…
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