Spaulding

MEMORANDUM

Robert Nelson Spaulding appeals the dismissal of his petition for writ of habeas corpus as time-barred. We have jurisdiction under 28 U.S.C. § 2253 and affirm the dismissal.

In December 1994, Spaulding pleaded guilty to one count of fraudulent schemes and artifices. In March 1995, following a mitigation hearing at which six defense witnesses testified, the state trial court sentenced Spaulding to five years in prison, to run consecutively with another sentence in another case handed down the same day.

Consistently with Arizona law, in May 1995, Spaulding filed a notice of post-conviction relief, and the court appointed counsel. After reviewing the record, including all psychiatric reports, and interviewing both Spaulding’s mother and his trial counsel, appointed counsel ultimately *495 notified the state trial court that there were no arguable issues to raise.

On October 20, 1995, Spaulding filed a pro se petition for post-conviction relief claiming that his trial counsel failed to interview and seeking to obtain the testimony of two doctors who had treated Spaulding for mental illness. Spaulding sent the petition from Arizona State Prison, where he is…