Galaza

*888 MEMORANDUM **

I.

The District Court dismissed with prejudice for untimeliness Petitioner-Appellant Frederick L. Jackson’s second petition for writ of habeas corpus. The District Court later denied Petitioner’s motion for reconsideration of that dismissal. Petitioner appealed. We have jurisdiction pursuant to 28 U.S.C. § 2254 (a) and REVERSE.

II.

A jury convicted Petitioner in the Ventu-ra County Superior Court, the California Second District Court of Appeals affirmed the conviction, and the California Supreme Court denied review. The conviction became final on September 9, 1997. Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), the one-year statute of limitation for petitioning for a writ of habeas corpus in federal court would have expired on September 9, 1998. See 28 U.S.C. § 2244 (d)(1). On March 19, 1998, Petitioner filed a timely first habeas petition in the United States District Court for the Central District of California. On November 9, two months after AEDPA’s one-year statute of limitation expired, the District Court dismissed the petition as a “ ‘mixed petition’ containing both exhausted and unexhausted claims.” The District Court did…