Rasmussen

MEMORANDUM **

David Rasmussen, a California state prisoner, appeals a district court order denying as untimely his petition for writ of habeas corpus. This Court reviews de novo a district court’s dismissal of a petition for writ of habeas corpus on statute-of-limitation grounds. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). The provisions of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) apply to this case because Rasmussen’s petition was filed after the Act’s effective date, on April 24, 1996. Lopez v. Thompson, 202 F.3d 1110 , 1116 n. 5 (9th Cir. 2000).

AEDPA imposes a one-year statute of limitation on habeas corpus petitions filed by state prisoners in federal court. 28 U.S.C. § 2244 (d)(1). State prisoners, like Rasmussen, whose convictions became final prior to AEDPA’s enactment on April 24, 1996, have a one-year grace period in which to file their petitions. Calderon v. United States Dist. Ct. (Beeler), 128 F.3d 1283,1287 (9th Cir.1997), overruled in paii on other grounds by Calderon v. United States Dist. Ct. (Kelly), 163 F.3d 530 , 540 (9th Cir.1998) (en banc). The grace period, however, is tolled by statute any time during which a properly filed'…