Dajuan Flemming v. Giselle Matteson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAJUAN FLEMMING, No. 19-17038 Petitioner-Appellant, D.C. No. v. 3:17-cv-07358-WHA

GISELLE MATTESON, OPINION

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding

Argued and Submitted December 7, 2021 San Francisco, California

Filed March 4, 2022

Before: Carlos F. Lucero, * Sandra S. Ikuta, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge VanDyke; Concurrence by Judge Lucero; Concurrence by Judge VanDyke

* The Honorable Carlos F. Lucero, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY **

Habeas Corpus

The panel affirmed the district court’s judgment denying California state prisoner Dajuan Flemming’s habeas corpus petition, in a case in which the district court concluded that Flemming’s petition was timely but denied his claim on the merits.

The panel found the petition untimely under the one-year statute of limitations set forth…