Torres

MEMORANDUM *

Nelson Torres appeals an order of the district court dismissing his habeas petition on grounds that it was filed beyond the one-year statute of limitations provided in the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214 (“AEDPA”). Underlying some of the district court’s analysis was the view that Torres was not entitled to statutory tolling of the limitations period during the pendency of any state habeas petitions that were ultimately rejected on procedural grounds. That view, however, was subsequently rejected by the United States Supreme Court in Artuz v. Bennett, 531 U.S. 4 , 121 S.Ct. 361 , 148 L.Ed.2d 213 (2000). This court granted Torres a certificate of appealability on the question whether, in light of Artuz , his federal petition was timely. We have jurisdiction over this appeal under 28 U.S.C. §§ 1291 and 2253, and we affirm.

Torres cites no authority that would entitle him to equitable tolling of the AEDPA limitations period for the entire time prior to the filing of his third state habeas petition. Assuming that equitable tolling would be available because of the failure of Torres’s counsel to seek direct…