Richard Alva v. Timothy Busby

MEMORANDUM

Petitioner-Appellant Richard M. Alva appeals the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas corpus petition as time-barred. Alva argues his petition was timely because he is entitled to equitable tolling for the time he was on administrative segregation, or “C-Status.” We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The district court did not err in dismissing Alva’s petition as time-barred. AED-PA sets a one-year statute of limitations for filing a federal habeas petition seeking relief from a state court judgment. 28 U.S.C. § 2244 (d)(1). For Alva, the statute of limitations was triggered on March 11, 2009. The one-year statute of limitations is subject to equitable tolling, Holland v. Florida, 560 U.S. 631, 649 , 130 S.Ct. 2549 , 177 L.Ed.2d 130 (2010), and statutory tolling while state court habeas petitions are “pending” in state court, 28 U.S.C. § 2244 (d)(2). Assuming that Alva is entitled to statutory tolling for the entire period his state court petitions were pending, his federal petition was still filed four days late.

Alva argues these four days should be equitably tolled because he was suffering from a mental impairment…