Jefferson

I. INTRODUCTION

A. Background and jurisdiction

Willie Lee Jefferson, a Nevada state prisoner, appeals pro se the district court’s order dismissing as untimely his 28 U.S.C. § 2254 habeas petition filed in 2002 challenging his 1992 conviction for burglary, robbery with use of a weapon, battery, and attempted sexual assault. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we reverse and remand.

B. Facts

On December 21, 1992, a Nevada jury convicted Jefferson of three counts of robbery with use of a deadly weapon and one count each of burglary, battery with use of a deadly weapon, and attempted sexual assault with a deadly weapon. Jefferson’s first full round of state collateral proceedings became final on July 1, 1999.

Jefferson filed a timely federal habeas petition on February 10, 2000. The district court granted respondent’s motion to dismiss, finding that Jefferson’s petition contained both exhausted and unexhausted claims. Judgment dismissing Jef- ferson’s entire federal petition without prejudice issued the same day, March 20, 2001.2 Jefferson filed a motion for 1 Appellee contends that Jefferson waived the sole issue certified on appeal because he…