Paul Hurth v. Rosanne Campbell

MEMORANDUM

Paul Thomas Hurth appeals the district court’s denial of his petition for habeas corpus relief. See 28 U.S.C. § 2254 . We affirm.

Hurth was convicted of voluntary manslaughter after he slew the husband of a woman with whom he was enamored. After his conviction and sentence were upheld on direct appeal, he filed petitions for postconviction relief in the California courts, and when those were denied he filed a petition for habeas corpus in the district court. He argues that the district court erred when it determined that he failed to file within the one-year statute of limitations period established by the Anti-terrorism and Effective Death Penalty Act of 1996. See 28 U.S.C. § 2244 (d)(1). We disagree.

The statute of limitations began to run on November 12, 2002, and his federal habeas corpus petition was filed on May 3, 2005. The petition was filed too late unless the statute was tolled by his applications for state postconviction relief. See § 2254(d)(2); Evans v. Chavis, 546 U.S. 189, 191-92 , 126 S.Ct. 846, 848-49 , 163 L.Ed.2d 684 (2006). For purposes of this case, that comes down to a question of whether he filed his postconviction relief petition with the…