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Name: Sossa v. Diaz
Case #: 10-56104
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/10/2013
Summary

Petitioner’s habeas petition was wrongfully dismissed where he reasonably relied on magistrate’s erroneous ruling extending the filing deadline. Sossa filed a pro per petition for writ of habeas corpus, which was dismissed by the district court as untimely. The 9th Circuit reversed that judgment and remanded for further proceedings because Sossa was entitled to equitable tolling on the ground that he had reasonably relied on the magistrate’s order extending the filing deadline beyond the statutory limitation. The court rejected the State’s argument that it was Sossa’s duty to investigate how extensions of time granted by the district court related to AEDPA’s statute of limitations. The district court abused its discretion by declining to consider the argument on its merits.