Garcia

Washington v. Garcia

Good Law
34 F. App'x 248
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 00-55862; D.C. No. CV-99-06055-RCalifornia426 words

Opinion

Lead Opinion

MEMORANDUM **

California State prisoner Donald Washington appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition challenging his conviction for first-degree murder, attempted murder, discharging a firearm from a vehicle, and great bodily harm as untimely under 28 U.S.C. § 2254 (d). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of Washington’s federal habeas petition, Patterson v. Gomez, 228 F.3d 959, 963 (9th Cir.2000), and we affirm.

Washington contends that he is entitled to equitable tolling of the Antiterrorism and Effective Death Penalty Act’s (“AED-PA”) one-year statute of limitations period, because he allegedly was “abandoned by his lawyer while incarcerated in state prison as a mentally handicapped pro se prisoner.” We disagree.

The AEDPA’s limitation period began to run in Washington’s case on April 25, 1996, as his state conviction became final in 1993. See 28 U.S.C. § 2244 (d)(1)(A); Bowen v. Roe, 188 F.3d 1157, 1158-59 (9th Cir.1999). Absent any tolling during the pendency of an application for State post-conviction review, see Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir.1999), cert. denied,…

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