Tommy Williams v. J. Tim Ochoa, Warden

MEMORANDUM

Tommy Ray Williams (“Williams”) appeals the dismissal of his petition for writ of habeas corpus as untimely. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2258. We affirm in part, reverse in part, and remand.

The district court did not clearly err in finding that Williams was aware of the factual predicate for his claim before he pled guilty. Thus, the one-year statute of limitations contained in the Antiterrorism and Effective Death Penalty Act (AEDPA) began to run at the conclusion of direct review, and not when Williams received his file from trial counsel. 28 U.S.C. § 2244 (d)(1). Therefore, the district court properly concluded that Williams’ petition was filed outside the one-year statute of limitations and that Williams is not entitled to tolling under § 2244(d)(1)(D) because he knew the factual predicate of his claim when he pled guilty. Hasan v. Galaza, 254 F.3d 1150 , 1154 n. 3 (9th Cir.2001). Nor is he entitled to equitable tolling because, given his awareness of the factual predicate of his claim, Williams’ inability to access the autopsy report did not cause the untimeliness of his petition. See Ford v. Pliler, 590 F.3d 782, 790 (9th…