Romel White v. Mike Martel

FILED

NOT FOR PUBLICATION MAR 19 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ROMEL VALENTINO WHITE, No. 08-16387

Petitioner - Appellant, D.C. No. 2:06-cv-02840-JKS-EFB

v.

MEMORANDUM *

MIKE MARTEL, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California James K. Singleton, Senior District Judge, Presiding

Argued and Submitted March 9, 2010 San Francisco, California

Before: WALLACE, GRABER, and McKEOWN, Circuit Judges.

Petitioner White appeals from the district court’s dismissal of his habeas

petition as untimely. We review a district court’s denial of a habeas corpus

petition de novo. Gonzalez v. Brown, 585 F.3d 1202, 1206 (9th Cir. 2009). We

have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. I.

The Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) has

a one-year statute of limitations for habeas cases by persons in…