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GRIFFIN v. ROGERS

No. 04-3302.

399 F.3d 626 (2005)

Sandra M. GRIFFIN, Petitioner-Appellant, v. Shirley ROGERS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 3, 2005.

Attorney(s) appearing for the Case

ARGUED: Stephen P. Hardwick, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Thelma Thomas Price, Office of the Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Stephen P. Hardwick, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Thelma Thomas Price, Office of the Attorney General, Columbus, Ohio, for Appellee.

Before: MERRITT, MOORE, and GILMAN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Sandra Griffin filed a petition for habeas relief in April of 1997. In September of 1998, the District Court dismissed her petition without prejudice as she had not exhausted her state remedies. When she returned to federal court in October of 1999, her re-filed petition was dismissed as untimely pursuant to the one-year limitations period under 28 U.S.C. § 2244(d)(1). In 2002, this Court vacated the District Court's...

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