United States Ninth Circuit

A petition for panel rehearing is granted and dismissal of a habeas petition as untimely filed is affirmed where petitioner was not entitled to -gap- or -interval- tolling for the periods between his applications for habeas corpus in state court. (Amending opinion)

Appellate Information

• Decided 05/08/2006
• Published 05/08/2006

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.