Rodriguez

MEMORANDUM **

California state prisoner Pablo Rodriguez appeals from the district court’s dismissal of his 28 U.S.C. § 2254 petition as barred by the statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s dismissal of a habeas petition on statute of limitations grounds, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Rodriguez contends that the district court erred by dismissing his petition as untimely because the AEDPA’s applicable one-year statute of limitations was tolled, with 39 days remaining, from the *565 time that he filed his first petition in the California Supreme Court until the day that the California Court of Appeal denied his final petition on its merits. 1 This contention lacks merit.

Even if we were to conclude that the statute of limitations was tolled during the pendency of both Rodriguez’s first and second petitions filed in the California Supreme Court, the latest date upon which he could have timely filed his federal petition would have been August 2, 1999. See Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir.1999) cert denied, 529 U.S. 1104 , 120 S.Ct. 1846 , 146 L.Ed.2d 787 ,…