Dogan

*613 MEMORANDUM *

California state prisoner, Mitchell Wayne Dogan, appeals the district court’s order dismissing as untimely his petition for a writ of habeas corpus. We have jurisdiction over this timely appeal under 28 U.S.C. § 2253 (c) and, after de novo review, we affirm.

ANALYSIS

1. Timeliness of Federal Petition.

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), imposed, for the first time, a one-year statute of limitations for state prisoners filing federal petitions for habeas corpus. For prisoners like Dogan, whose convictions had become final before passage of the AEDPA, the one-year limitations period began when AEDPA took effect and expired one year later, unless it was tolled. See Miles v. Prunty, 187 F.3d 1104,1105 (9th Cir.1999). Under 28 U.S.C. § 2244 (d)(2), “[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”

Dogan contends that his attorney mailed his first petition on April 14, 1997, though the record reflects that the petition was not filed in Superior…