Tyreece Reynolds v. A. Hedgpeth

MEMORANDUM

Petitioner-Appellant Tyreece Reynolds (“Reynolds”), a California state prisoner, appeals the district court’s holding that his 28 U.S.C. § 2254 habeas petition is time-barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. § 2244 (d)(1)(A). The court found that Reynolds’ 200-day delay between his first and second state habeas filings, and Reynolds’ 86-day delay between his second and third state habeas filings were unreasonable. The court therefore found that Reynolds was not entitled to statutory tolling or equitable tolling of AEDPA’s one-year statute of limitations for the time periods between his state court filings. See id. § 2244(d)(2); In re Clark, 5 Cal.4th 750 , 21 Cal.Rptr.2d 509 , 855 P.2d 729, 738 (1993) (“It has long been required that a petitioner explain and justify any significant delay in seeking ha beas corpus relief.”). We vacate and remand.

1. The court did not afford Reynolds adequate notice and the opportunity to explain his 86-day delay in filing his third state habeas petition.

It is a “well-established principle that a person is entitled to notice before adverse…