Margaret Rudin v. Carolyn Myles

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARGARET RUDIN, No. 12-15362 Petitioner-Appellant, D.C. No. v. 2:11-cv-00643-

RLH-GWF

CAROLYN MYLES; ATTORNEY

GENERAL OF THE STATE OF NEVADA, ORDER AND

Respondents-Appellees. OPINION

Appeal from the United States District Court for the District of Nevada Roger L. Hunt, Senior District Judge, Presiding

Argued and Submitted February 11, 2014—San Francisco, California

Filed September 10, 2014 Opinion Withdrawn and New Opinion Filed March 10, 2015

Before: Diarmuid F. O’Scannlain and Mary H. Murguia, Circuit Judges, and Lynn S. Adelman, District Judge.*

Order; Opinion by Judge Murguia; Concurrence by Judge Adelman; Dissent by Judge O’Scannlain

* The Honorable Lynn S. Adelman, United States District Judge for the Eastern District of Wisconsin, sitting by designation. SUMMARY**

Habeas Corpus

The panel withdrew an opinion filed on September 10, 2014, and filed a new opinion reversing the district court’s order dismissing as untimely Nevada state prisoner Margaret Rudin’s 28 U.S.C. § 2254…