Ham
Ham v. Roe
Opinion
Lead Opinion
MEMORANDUM **
McNeece Ham appeals the district court’s dismissal of his application for writ of habeas corpus as time-barred under the 28 U.S.C. § 2244 (d) one-year statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Hasan v. Galaza, 254 F.3d 1150, 1153 (9th Cir.2001), and we affirm.
The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a one-year statute of limitations on habeas corpus petitions filed by state prisoners in federal court. See 28 U.S.C. § 2244 (d)(1). State prisoners, like Ham, whose convictions became final prior to the enactment of the AEDPA, had a one-year grace period, starting on April 24, 1996, in which to file their petitions in federal court. See Ha-san, 254 F.3d at 1153 . Because Ham’s petition was not filed until February 24, 2000, the petition was untimely, unless he is entitled to relief under 28 U.S.C. § 2244 (d)(1)(D) or equitable tolling excused the delay.
Ham contends that his AEDPA one-year limit did not begin run until June 19, 1999, under 28 U.S.C. 2244(d)(1)(D), because his investigation did not reveal all the facts to support his claim until that time. Section 2244(d)(1)(D) states…