Holloway
Holloway v. Roe
Opinion
Lead Opinion
MEMORANDUM **
Arthur Holloway appeals pro se the district court’s dismissal as untimely his 28 *700 U.S.C. § 2254 habeas petition challenging his state conviction for first degree residential burglary. We have jurisdiction pursuant to 28 U.S.C. § 2253 .
Pursuant to Holloway’s challenge to the district court’s procedural ruling, the district court granted a certificate on the issue of whether Holloway’s § 2254 petition was untimely because he was not entitled to tolling of the AEDPA’s one-year statute of limitations. We review de novo the district court’s procedural dismissal of a habeas petition. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999).
Because his conviction became final before the enactment of the AEDPA, Holloway had until April 24, 1997, by which to file his federal petition. See Patterson v. Stewart, 251 F.3d 1243 , 1246 n. 5 (9th Cir.2001). Holloway’s section 2254 habeas petition was filed in September 1999. This Court, however, has established that a petitioner is entitled to statutory tolling for the entire time in which he is properly pursuing state post-conviction or collateral remedies. See Saffold v. Newland, 250 F.3d 1262, 1266-68 (9th Cir.2000)…