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052364P.pdf   08/21/2006  Tony Alvester Faulks  v.  Douglas Weber
   U.S. Court of Appeals Case No:  05-2364
   District of South Dakota   
   [PUBLISHED] [Melloy, Author, with Murphy and Gruender, Circuit Judges]
   Habeas Case - section 2254. District court's order dismissing the
   habeas petition as untimely is affirmed. One year limitations period
   does not include 20 day period in which petitioner could request rehearing
   of South Dakota Supreme Court under South Dakota Codified Law sec. 15-
   30-4, because there was no cause heard on appeal to Supreme Court to be
   reheard.