Richard Weaver, Jr. v. Brigitte Amsberry

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 10 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD F. WEAVER, Jr., No. 22-35182

Petitioner-Appellee, D.C. No. 2:16-cv-02226-MO

v.

MEMORANDUM *

BRIGITTE AMSBERRY,

Respondent-Appellant.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted April 20, 2023 Portland, Oregon

Before: RAWLINSON, BEA, and SUNG, Circuit Judges. Concurrence by Judge RAWLINSON.

Brigitte Amsberry, the Superintendent of an Oregon prison, appeals the

district court’s judgment granting a writ of habeas corpus to Richard F. Weaver, Jr.,

an inmate in the custody of the State of Oregon. Amsberry argues that the district

court’s decisions which (1) granted equitable tolling of the statute of limitations for

Weaver’s claim, and (2) granted relief on Weaver’s claim of ineffective assistance

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. of counsel, were erroneous.…