Romaine

MEMORANDUM **

Petitioner-Appellant Mack Darrell Romaine (“Romaine”) appeals the district court’s dismissal of his habeas petition as time-barred by the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244 et seq., and, in the alternative, as procedurally barred as a matter of Arizona law. Romaine’s motion to broaden the certificate of appealability to include both issues is GRANTED. For the reasons that follow, we REVERSE the district court’s dismissal.

Romaine’s appeal turns on whether his Petition for Review of the Arizona Superi- or Court’s dismissal of his state Rule 32 Petition was “timely filed” as a matter of Arizona law. Romaine’s Petition for Review was due on September 18, 1995. As a matter of clearly established Arizona law, Romaine’s Petition for Review was timely “filed” on September 16, 1995, the date that it was signed and submitted by Romaine to prison officials for forwarding to the court. State v. Rosario, 195 Ariz. 264 , 987 P.2d 226, 228 (Ariz.Ct.App.1999); Mayer v. State, 184 Ariz. 242 , 908 P.2d 56, 58 (Ariz.Ct.App.1995). Because the Petition for Review was “properly filed,” AED-PA’s…