Jameson

MEMORANDUM *

California state inmate Barry Jameson appeals the district court’s dismissal of his § 2241 habeas corpus petition as barred by the statute of limitations, 28 U.S.C. § 2244 (d)(1). We have jurisdiction pursuant to 28 U.S.C. § 2241 and review the district court’s dismissal of the habeas petition de novo. Dictado v. Ducharme, 244 F.3d 724, 726 (9th Cir.2001). We disagree with the district court’s holding that the petition was time-barred but affirm on the alternative ground that Jameson cannot state a due process claim.

Because Jameson is in custody pursuant to a state court judgment, the one-year limitations period applies to Jameson’s § 2241 petition. 28 U.S.C. § 2244 (d)(1); Owens v. Boyd, 235 F.3d 356, 360 (7th Cir.2000).

We agree with Jameson that his petition was not untimely. Because the disciplinary decision was final prior to AEDPA, the statute of limitations started to run on April 24, 1996. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). On that date, Jameson’s state petition for writ of habeas corpus was pending. The limitations period was tolled while Jameson pursued his state petition for writ of habeas corpus. 28 U.S.C. § 2244 (d)(2). The…