United States Ninth Circuit

A habeas petitioner is entitled to equitable tolling where the district court erroneously dismissed his earlier, timely petition without first giving him an opportunity to file an amended petition as an alternative to dismissal.

Appellate Information

• Argued 12/08/2000
• Decided 03/26/2003
• Published 03/26/2003

Judges

• Before: BROWNING, PREGERSON, and BEEZER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Maria E. Stratton, Federal Public Defender, and Mark R. Drozdowski, Deputy Federal Public Defender, Los Angeles, CA, for the petitioner.


• For Appellees:
  
• Bill Lockyer, Attorney General of California, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, and Theresa A. Cochrane, Deputy Attorney General, Los Angeles, CA, for the respondent.