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Name: Jorss v. Gomez
Case #: 99-16986
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/04/2001
Subsequent History: None

The federal district court’s erroneous dismissal of defendant’s habeas petition as unexhausted was an extraordinary circumstance beyond his control warranting equitable tolling, so that his habeas petition was timely under AEDPA. (2-1 decision).