Kilpatrick

MEMORANDUM **

California state prisoner Henry Kilpa-trick appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition on statute of limitations grounds. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We review de novo a district court’s dismissal of a habeas petition on statute of limitation grounds. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). We also review de novo a district court’s decision regarding equitable tolling. Id.

Kilpatrick’s convictions became final pri- or to the enactment of the AEDPA, therefore, he had until April 24, 1997, to file his section 2254 petition. See Welch v. Newland, 267 F.3d 1013, 1014-15 (9th Cir. 2001). Even excluding the entire time during which his state habeas petitions were pending in the California courts, Kilpatrick’s federal petition should have been filed no later than May 28, 1999. See Welch, at 1017-18 (concluding that one year statute of limitations is tolled until the California Supreme court rejects petitioner’s final collateral challenge). Kilpatrick’s petition filed October 25, 1999, therefore, is untimely unless he can show he is entitled to statutory or equitable…