Mendoza

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARLOS MENDOZA,  No. 04-56733 Petitioner-Appellant, v.  D.C. No.

CV 04-02632 CJC

TOM L. CAREY, Warden,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding

Argued and Submitted October 17, 2005—Pasadena, California

Filed June 7, 2006

Before: Andrew J. Kleinfeld, A. Wallace Tashima, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Tashima; Dissent by Judge Kleinfeld

6233 6236 MENDOZA v. CAREY

COUNSEL

Stephen M. Lathrop, Rolling Hills Estates, California, for the petitioner-appellant.

Keith H. Borjon, Deputy Attorney General, Los Angeles, Cal- ifornia, for the respondent-appellee.

OPINION

TASHIMA, Circuit Judge:

Carlos Mendoza, a California state prisoner, appeals from the judgment of the district court, which dismissed as untimely his petition for writ of habeas corpus. Under the Anti-Terrorism and Effective Death Penalty Act of 1996 MENDOZA v. CAREY 6237 (“AEDPA”), habeas petitions must be…