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DICTADO v. DUCHARME

No. 98-35531.

244 F.3d 724 (1999)

Fortunado L. DICTADO, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed August 26, 1999.

Opinion Withdrawn March 28, 2001.

Opinion Filed March 28, 2001.

Attorney(s) appearing for the Case

Robert C. Owen, Assistant Federal Public Defender, Seattle, Washington, for the petitioner-appellant.

John J. Samson, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.

Before: JAMES R. BROWNING, ROBERT R. BEEZER and ANDREW J. KLEINFELD, Circuit Judges.

Argued and Submitted May 4, 1999 — Seattle, Washington.

ORDER

BEEZER, Circuit Judge:

The opinion filed on August 26, 1999, published in 189 F.3d 889, is withdrawn.

OPINION

Fortunado Dictado appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court concluded that Dictado filed his petition after the expiration of the one-year statute of limitations established...

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