Estrada

MEMORANDUM

Jorge Estrada appeals the district court’s dismissal of his habeas corpus petition as untimely and argues that he is entitled to both statutory and equitable tolling of AEDPA’s one-year statute of limitations.

A. Statutory Tolling

Estrada’s residential robbery conviction became final on October 22, 1996 — ninety days after the California Supreme Court denied his direct appeal. See Bowen v. Roe, 188 F.3d 1157, 1159 (9th Cir.1999). Estrada then filed a habeas corpus petition in the Los Angeles Superior Court on August 11, 1997. That petition was denied on September 9, 1997. Estrada then filed his habeas petition in the California Court of Appeal on October 10, 1997 and it was denied on October 28, 1997 without comment or citation to authority. Estrada proceeded to file his petition in the California Supreme Court on November 24, 1997, and that court summarily denied it on March 25, 1998. Estrada then signed and sent a habeas corpus petition to the federal district court on March 9, 1999 and that petition was filed on March 19,1999.

Both parties agree that Estrada is entitled to statutory tolling under 28 U.S.C. § 2244 (d) during the pendency of his state habeas…