Jones

MEMORANDUM **

California state prisoner Charles Jones appeals the district court’s dismissal of his petition for writ of habeas corpus as untimely. Jones argues that under this court’s en banc decision in Whalem/Hunt v. Early, 233 F.3d 1146 (9th Cir.2000) (Whalem/Hunt II), his petition is timely because the unavailability of AEDPA in the prison law library constitutes an “impediment” under AEDPA or warrants equitable tolling. We agree that in light of Whalem/Hunt II Jones’ claim may be meritorious, and so reverse and remand for farther factual development.

Proceeding pro se and informa pauper-is, Jones filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in federal district court on July 6, 1998. Jones’ conviction became final prior to the passage of AEDPA, and so he had until April 24, 1997 to file his petition. See Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir.2001). However, Jones filed a state habeas petition with the California Supreme Court on April 21, 1997 — three days before AEDPA’s statute of limitations would otherwise have run — thus tolling the statute until the California Supreme Court rejected his petition. The California Supreme Court…