Cooley

MEMORANDUM *

David Richard Cooley, a California state prisoner, appeals the district court’s order dismissing as untimely filed his petition for a writ of habeas corpus as limited by 28 U.S.C. § 2254 . Cooley’s petition challenges his 1993 convictions, following a car accident in which Cooley’s passenger was killed, of second degree murder and driving under the influence. We have jurisdiction under 28 U.S.C. § 2253 (c) and, after de novo review, we affirm.

Cooley did not file a direct appeal of his convictions. His first state court challenge to his convictions was a petition for writ of habeas corpus and/or error coram nobis filed in the Nevada County Superior Court on January 20, 1998. His final state petition was denied on July 29,1998.

Cooley filed his first federal petition for writ of habeas corpus on November 17, 1998. The district court granted the government’s motion to dismiss the petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AED- *704 PA). Cooley filed a timely Notice of Appeal. We granted Cooley’s request for a certificate of appealability on the following issue: “whether the district court properly dismissed the petition as…