Christopher Maes v. Frank Chavez

After his state court conviction became final on April 12, 2011, Petitioner Christopher Maes had one year to file any federal habeas corpus petition. 28 U.S.C. § 2244 (d). Two days shy of one year, Maes filed a petition for habeas corpus in the state superior court. The period during which this “properly filed” state petition was “pending” was not counted against the year that Maes had to file his federal petition. Id. § 2244(d)(2). This uncounted period ended on May 7, 2012, when the Superior Court of Shasta County, California, denied his state habeas petition, leaving Maes two days to file for federal habeas relief. Because Maes waited until May 15, 2012, to file a federal petition, the district court dismissed it as untimely. Maes now appeals, arguing that he had at least sixty days after the denial of his state habeas petition to file for federal habeas relief. We disagree and affirm the district court’s decision to dismiss.

I.

The procedural background of this case may be succinctly summarized. On April 8, 2009, Christopher Maes was convicted by a jury in Shasta County, California, of failing to provide notice of a change of address as a registered sex offender. As…