United States Ninth Circuit

Dismissal of plaintiff's habeas petition as time-barred is reversed where he is entitled to tolling during the time his state court habeas applications were pending.

Appellate Information

• Decided 10/28/2004
• Published 10/28/2004

Judges

• Before ANDREW J. KLEINFELD, KIM McLANE WARDLAW, and WILLIAM A. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gerson Simon, Los Angeles, CA, for the petitioner-appellant., Anthony (Tony) Gaston, California Medical Facility, Vacaville, CA, for the petitioner-appellant.


• For Appellees:
  
• Kyle Brodie, Michelle J. Pirozzi, AGCA-Office of the California Attorney General, Los Angeles, CA, for the respondent-appellee.