High

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN X. HIGH,  No. 04-15053 Petitioner-Appellant, v.  D.C. No.

CV-00-00346-LRJ

JOHN IGNACIO,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Argued and Submitted November 4, 2004—San Francisco, California

Filed May 10, 2005

Before: Betty B. Fletcher, Sidney R. Thomas, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Bea

5091 5092 HIGH v. IGNACIO

COUNSEL

Franny Forsman and John Lambrose (argued), Federal Public Defender, Las Vegas, Nevada, for the petitioner. HIGH v. IGNACIO 5093 Brian Sandoval and Robert E. Wieland (argued), Nevada Attorney General, Reno, Nevada, for the respondent.

OPINION

BEA, Circuit Judge:

Juan High appeals the denial of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. High’s state peti- tion for post-conviction relief was dismissed by the Nevada trial court as untimely under Nevada Revised Stat- ute 177.315(3), which required Nevada petitioners for post-…