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No. 8693901
United States Court of Appeals for the Ninth Circuit
Germain v. Ferriter
No. 8693901 · Decided March 17, 2015
No. 8693901·Ninth Circuit · 2015·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 17, 2015
Citation
No. 8693901
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** ■Joel St. Germain appeals the dismissal of his petition for habeas corpus under 28 *520 U.S.C. § 2254 collaterally attacking his convictions under Montana law. We affirm. The petition is untimely. The one-year statute of limitations period expired on June 3, 2012, but St. Germain did not file his habeas petition until June 21, 2012. Contrary to St. Germain’s assertions, the state did not waive its statute of limitations defense. It has consistently maintained throughout the course of this litigation that the petition was time-barred. Cf. Wood v. Milyard, — U.S. —, 132 S.Ct. 1826, 1831-32 , 182 L.Ed.2d 733 (2012). AFFIRMED. This disposition is not appropriate for publication and is not precedent except •as provided by 9th Cir. R. 36-3.
Plain English Summary
Germain appeals the dismissal of his petition for habeas corpus under 28 *520 U.S.C.
Key Points
01Germain appeals the dismissal of his petition for habeas corpus under 28 *520 U.S.C.
02§ 2254 collaterally attacking his convictions under Montana law.
03The one-year statute of limitations period expired on June 3, 2012, but St.
04Germain did not file his habeas petition until June 21, 2012.
Frequently Asked Questions
Germain appeals the dismissal of his petition for habeas corpus under 28 *520 U.S.C.
FlawCheck shows no negative treatment for Germain v. Ferriter in the current circuit citation data.
This case was decided on March 17, 2015.
Use the citation No. 8693901 and verify it against the official reporter before filing.