David Grecu v. M.S. Evans

ORDER

Appellant’s Petition for Panel Rehearing is GRANTED. The memorandum disposition filed on August 11, 2011 is withdrawn. A new Memorandum Disposition shall be filed simultaneously with this order.

MEMORANDUM

David B. Grecu (“Grecu”), a California state prisoner, appeals the district court’s dismissal, on timeliness grounds, of his habeas corpus petition brought pursuant to 28 U.S.C. § 2254 . Mr. Grecu maintains that, with the benefit of statutory tolling during the pendency of his state habeas petitions and of equitable tolling following the Supreme Court of California’s denial of his last state petition, his federal petition was timely under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244 (d)(1). We initially affirmed the district court and denied relief. See Grecu v. Evans, No. 08-17452, 2011 WL 3510231 (9th Cir. Aug.ll, 2011). Mr. Grecu filed a petition for panel and rehearing en banc. We now grant Mr. Greeu’s petition for panel rehearing. For the reasons set forth below, we reverse the judgment of the district court and remand for further proceedings.

I

Because the parties are familiar with the facts of the case, we will repeat them here…