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LEE v. LAMPERT

No. CV 02-300-CL.

607 F.Supp.2d 1204 (2009)

Richard LEE, Petitioner, v. Robert LAMPERT, Respondent.

United States District Court, D. Oregon.

March 24, 2009.

Attorney(s) appearing for the Case

Stephen R. Sady, Lynn Deffebach, Office of the Federal Public Defender, Portland, OR, for Petitioner.

Andrew Hallman, Jacqueline Sadker, Summer R. Gleason, Department of Justice, Salem, OR, for Respondent.

OPINION AND ORDER

PANNER, District Judge.

Petitioner Richard Lee brings this action pursuant to 28 U.S.C. § 2254, challenging his 1995 state court convictions on two counts of first degree sexual abuse and two counts of sodomy. Respondent argues that Lee's petition was not filed in time and therefore is procedurally barred, and he does not qualify under the "actually innocent" gateway recognized...

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