Williamson

MEMORANDUM ***

Freddie Lee Williamson, a California state prisoner, appeals the federal district court’s dismissal of his petition for writ of habeas corpus filed under 28 U.S.C. § 2254 , as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s dismissal of a habeas petition. See Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999).

Williamson argues that he was entitled to equitable tolling of AEDPA’s one-year statute of limitations. Because Williamson’s conviction became final prior to the April 24, 1996 enactment date of AEDPA, he had until April 23, 1997 to file his § 2254 petition unless the limitations time was tolled. See Miles, 187 F.3d at 1105 .

Williamson, acting pro se, timely filed his first § 2254 petition on November 5, 1996, after the California Supreme Court had denied his petition for review on March 30, 1994. Williamson’s petition was dismissed on May 23, 1997 for failure to exhaust state remedies because it contained both exhausted and unexhausted state claims. See Rose v. Lundy, 455 U.S. 509, 522 , 102 S.Ct. 1198 , 71 L.Ed.2d 379…