Steven Cuellar v. J. Soto

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 20 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN CUELLAR, No. 14-55005

Petitioner-Appellant, D.C. No. 2:12-cv-06036-JFW-FFM

v.

MEMORANDUM*

J. SOTO, Warden,

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Submitted August 17, 2021**

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

Steven Cuellar appeals from the district court’s order dismissing his

U.S.C. § 2254 habeas corpus petition as untimely. We have jurisdiction under

U.S.C. § 2253. We review de novo, Stancle v. Clay, 692 F.3d 948, 952-53 (9th

Cir. 2012), and we reverse.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). In relevant part, the district court concluded that Cuellar was not entitled to

statutory tolling for…