Manning

MEMORANDUM *

Petitioner John Anthony Manning appeals from the district court’s order dismissing as untimely his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . On de novo review, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm.

Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a one-year statute of limitations applies to petitions for writs of habeas corpus by persons who are in custody pursuant to state-court judgments. 28 U.S.C. § 2244 (d)(1). Under 28 U.S.C. § 2244 (d)(1)(A), that one-year period began to run in this case on June 19, 1996, “the date on which the judgment became final by the conclusion of direct review or the expiration of time for seeking such review.” The limitation period was tolled between August 2 and 8, 1996, and expired on June 25, 1997. Petitioner did not file his federal habeas corpus petition until November 19, 1997. Accordingly, the petition is untimely.

Petitioner argues that the one-year statute of limitations did not begin to run until he exhausted both his direct appeal and any and all “collateral post-conviction remedies” that he might pursue in state court. This court has held, however, that…