Hedgepath

MEMORANDUM

Gabriel Anthony Leon (“Leon”), a California state prisoner, appeals the district court’s dismissal of his petition for habeas corpus under 28 U.S.C. § 2254 . The district court held that Leon’s petition was time-barred under the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act (“AEDPA”). 28 U.S.C. § 2244 (d)(1). Leon argues that he is entitled to equitable tolling for his damaged urethra, resulting reconstructive surgery, follow up treatments, and morphine medication. We agree.

We review de novo the district court’s dismissal of a habeas petition as time-barred. Bryant v. Ariz. Atty. Gen., 499 F.3d 1056, 1059 (9th Cir.2007). The district court’s findings of fact are reviewed for clear error. Id. However, if the underlying facts are undisputed, we review de novo whether the statute of limitations under AEDPA should be equitably tolled. Id.

The parties do not dispute the district court’s calculation of the relevant dates. Leon filed his first state collateral petition 135 days after his convictions became final. He received statutory tolling under § 2244(d)(2) for the period when his state collateral petitions were pending. This left…