Mandreel Smith v. Elin Valenzuela

MEMORANDUM

Mandreel Smith appeals from the district court’s order dismissing his federal habeas petition as untimely under the one-year limitation period established in 28 U.S.C. § 2244 (d). We have, jurisdiction under 28 U.S.C. § 2253 . We vacate and remand.

In 2010, the California Department of Corrections found Smith guilty of distributing a controlled substance and stripped him of 180 days of good-time credit. Smith filed successive administrative appeals, the last of which was denied on March 10, 2011. After unsuccessfully appealing the administrative decision through the California courts, Smith filed a federal habeas petition on October 30, 2013.

The magistrate judge determined that § 2244(d)’s one-year limitation. period began to run on March 11, 2011, and recommended dismissing Smith’s petition as untimely. The district court accepted the magistrate judge’s recommendation in a one-paragraph order. We agree with the district court’s determination that Smith’s one-year limitation period began to run on March 11, 2011. See Redd v. McGrath, 343 F.3d 1077, 1082 (9th Cir. 2003); Shelby v. Bartlett, 391 F.3d 1061, 1066 (9th Cir. 2004). However, our case law requires the…