Sergio Gonzalez v. Edmund G. Brown

MEMORANDUM

Sergio Perez Gonzalez appeals the district court’s denial of his petition for habe-as corpus relief. See 28 U.S.C. § 2254 . We affirm.

Gonzalez was serving an indeterminate sentence of 15 years to life for second degree murder, and was denied parole by the California Board of Parole Hearings. He argues that the district court erred when it determined that he failed to file within the one-year statute of limitations established by the Antiterrorism 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' September 23, 2006, and his federal habeas corpus petition was filed August 15, 2008. The petition was filed too late unless the statute was tolled because his properly filed applications for state habeas corpus relief were pending. See 28 U.S.C. § 2244 (d)(2); Evans v. Chavis, 546 U.S. 189, 191-92 , 126 S.Ct. 846, 848-49 , 163 L.Ed.2d 684 (2006); Shelby v. Bartlett, 391 F.3d 1061, 1065 (9th Cir.2004). For purposes of this case, that comes down to a question of whether Gonzalez’s habeas corpus petition to the California Court of Appeal was filed within what the state of California would consider a…