Shannon

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN DENNIS SHANNON,  No. 03-16833 Petitioner-Appellant, v.  D.C. No.

CV-01-03275-MJJ

ANTHONY NEWLAND, Warden,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Northern District of California Martin J. Jenkins, District Judge, Presiding

Argued and Submitted April 11, 2005—San Francisco, California

Filed June 8, 2005

Before: Robert R. Beezer, Diarmuid F. O’Scannlain, and Andrew J. Kleinfeld, Circuit Judges.

Opinion by Judge O’Scannlain

6629 6632 SHANNON v. NEWLAND

COUNSEL

Donald M. Horgan, Riordan & Horgan, San Francisco, Cali- fornia, argued the cause and filed briefs for the petitioner; Dennis P. Riordan was on the briefs.

Juliet B. Haley, Attorney General’s Office, San Francisco, California, argued the cause and filed a brief for the respon- dent; Bill Lockyer, Robert R. Anderson, Gerald A. Engler, and Peggy S. Ruffra were on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a California prisoner’s petition for writ of habeas corpus is timely when it is filed long after his…