Ratelle

MEMORANDUM

Dyke Edward Nelson appeals the dismissal of his 28 U.S.C. § 2254 petition for habeas corpus as time barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 .

Nelson contends that his writ of habeas corpus filed with the California Supreme Court on April 23, 1997 tolled the statute of limitations so that his Amended Petition originally filed on March 28, 1997, and still pending before the district court on August 27,1997, was timely.

We review the dismissal of a petition for a writ of habeas corpus de novo. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999).

The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a one-year statute of limitations on habeas petitions by state prisoners. 28 U.S.C. § 2244 (d). Since Nelson’s conviction became final before the enaction of AEDPA, the statute of limitations was due to expire *792 on April 24, 1997, one year after the act’s implementation. Calderon v. United States District Court (Beeler), 128 F.3d 1283,1287 (9th Cir.1997), overruled in part on other grounds by Calderon v. United States District Court (Kelly), 163 F.3d 530 (9th Cir.1998). The statute of limitations is tolled, however, while a “properly filed…