Goncalves

MEMORANDUM **

Petitioner Andre Goncalves’ state conviction became final prior to the effective date of the Antiterrorism and Effective Death Penalty Act of 1996. Thus, the one-year limitations period in 28 U.S.C. § 2244 (d)(1)(A) began to run on the statute’s effective date, April 24, 1996, and expired on April 28, 1997. Saffold v. New-land, 250 F.3d 1262, 1265 (9th Cir.2000) (as amended). But, the statute can be tolled for “[t]he time during which a properly filed application for State post-conviction or other collateral review ... is pending.” 28 U.S.C. § 2244 (d)(2). Goncalves argues that his first personal restraint petition (“PRP”) is still pending because the state court of appeals failed to issue a certificate of finality. We disagree.

Even assuming that, at the time that Goncalves’ first PRP was dismissed, Washington law required the court of appeals to issue a certificate of finality, the lack of such certificate does not mean that Goncalves’ PRP is still pending. A state collateral proceeding is “pending” for the purpose of tolling the statute of limitations *582 for “all of the time during which a state prisoner is attempting, through proper use of state court…