Jones

Jones v. Lamarque

Good Law
36 F. App'x 877
United States Court of Appeals for the Ninth CircuitJanuary 23, 2002No. 00-56359; D.C. No. CV-00-04413-DTCalifornia633 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Clerence Jones appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm, see Welch v. Fritz, 909 F.2d 1330, 1331 (9th Cir.1990) (concluding that appeals court may affirm for any reason finding support in the record).

The district court dismissed Jones’ first section 2254 petition, which alleged denial of the right to meaningful self-representa *878 tion, as unexhausted because it failed to allege that the claim had been presented to the state’s highest court. Jones then filed a second section 2254 petition alleging the same claim, which the district court again dismissed as containing unexhausted claims. During the pendency of Jones’ second petition, the AEDPA’s one-year statute of limitations expired. 28 U.S.C. § 2244 (d)(1). Consequently, when Jones filed his third petition three weeks after dismissal of his second petition, the district court concluded that it was untimely filed and, in the alternative, denied the petition on the merits. We granted a certificate of appealability (“COA”) specifically on the issue of whether Jones’ petition was…

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