Thomas

MEMORANDUM **

Tyrone Fitzgerald Thomas, a Washington state prisoner, appeals from the district court’s order dismissing his petition for a writ of habeas corpus challenging his 1992 conviction of first degree possession of stolen property. The district court found that the petition was filed untimely under 28 U.S.C. § 2244 , as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). We have jurisdiction under 28 U.S.C. § 2253 (c) and, after de novo review, we affirm.

Title 28, U.S. Code section 2244 (d) provides in pertinent part:

Thomas’s state court conviction became final on May 8, 1996, ninety days after the Washington State Supreme Court affirmed his conviction. See Bowen v. Roe, 188 F.3d 1157, 1158-59 (9th Cir.1999) (concluding that the AEDPA’s one-year limitations period does not start to run until the time for petitioner to seek certiorari from the United States Supreme Court has run, even if a petitioner declines to take such action). Accordingly, the one-year period of limitations for him to file a federal habeas petition expired on May 8, 1997. Thomas’s petition, filed in the district court on August 12, 1999, was untimely by approximately two…