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ORANGE v. CALBONE

No. 01-7115.

318 F.3d 1167 (2003)

Billy Jack ORANGE, Petitioner-Appellant, v. Sam CALBONE, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

February 4, 2003.

Attorney(s) appearing for the Case

Stephen J. Cribari and Charles W. Chotvacs, University of Denver College of Law, Denver, CO, for Petitioner-Appellant.

Kellye Bates, Assistant Attorney General, (W.A. Drew Edmondson, Attorney General, with her on the briefs), Oklahoma City, OK, for Respondent-Appellee.

Before KELLY, PORFILIO, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Petitioner Billy Jack Orange, an Oklahoma state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition on statute of limitations grounds. Because we conclude that the "appeal out of time" granted to petitioner by the Oklahoma Court of Criminal Appeals constitutes "direct review" for purposes of 28 U.S.C. § 2244(d)(1)(A), we in turn conclude that his federal habeas petition was timely filed...

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