Mueller

MEMORANDUM ***

Ronald Butler appeals the district court’s dismissal of his federal habeas corpus petition as untimely under 28 U.S.C. § 2244 (d). We reverse and remand for further proceedings. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here.

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) established a one-year statute of limitations on the filing of federal habeas corpus petitions. 28 U.S.C. § 2244 (d)(1). For petitioners like Butler, whose convictions became final before the passage of the AEDPA, the one-year limitations period began running on April 25, 1996, the day after the statute’s effective date, and expired on April 24, 1997, unless it was tolled. See Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir.2001).

The AEDPA’s limitations period is statutorily tolled during the time that a “properly filed application” for post-conviction or other collateral review is pending in state court. 28 U.S.C. § 2244 (d)(2). Relying on Dictado v. Ducharme, 189 F.3d 889, 892 (9th Cir.1999) (“Dictado /”), withdrawn, 244 F.3d 724, 726 (9th Cir.2001), the district court held that Butler was not entitled…