Anthony Butler v. David Long

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY BUTLER, No. 10-55202 Petitioner-Appellant, D.C. No. v. 2:09-cv-07028-

JSL-RZ

DAVID LONG, Warden, Respondent-Appellee. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Central District of California J. Spencer Letts, District Judge, Presiding

Argued and Submitted February 3, 2014—Pasadena, California

Filed May 2, 2014 Amended June 24, 2014

Before: Harry Pregerson and Marsha S. Berzon, Circuit Judges, and Carol Bagley Amon, Chief District Judge.*

Order; Per Curiam Opinion

* The Honorable Carol Bagley Amon, Chief Judge, United States District Court for the Eastern District of New York, sitting by designation. SUMMARY**

Habeas Corpus

The panel issued (1) an order amending its opinion, denying a petition for rehearing, and rejecting a petition for rehearing en banc; and (2) an amended opinion reversing the district court’s denial of an untimely 28 U.S.C. § 2254 habeas corpus petition.

In its amended opinion, the panel held that because the district court…