The following excerpt is from Androshchuk v. Biter, No. 2:15-cv-1204 MCE AC P (E.D. Cal. 2017):
When petitioner was directed to respond to the instant motion to dismiss, he was specifically advised that if he was trying to claim actual innocence, he "'must produce proof of his innocence that is sufficient to convince a federal court that a failure to entertain his claim would constitute a fundamental miscarriage of justice' in order to invoke the actual innocence exception to the statute of limitations." ECF No. 20 at 3 (quoting Larsen v. Soto, 742 F.3d 1083, 1095 (9th Cir. 2013)). The court further advised that
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ECF No. 20 at 4.
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