United States Ninth Circuit

The district court erred when it held that plaintiff's petition for a writ of habeas corpus was time-barred under the statute of limitations of the Antiterrorism and Effective Death Penalty Act since he is allowed tolling for the time his state court applications were pending.

Appellate Information

• Decided 08/02/2005
• Published 08/02/2005

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.