Harper

Harper v. Galaza

Good Law
44 F. App'x 158
United States Court of Appeals for the Ninth CircuitAugust 5, 2002No. 00-16668; D.C. No. CV-99-00992-SBACalifornia537 words

Opinion

Lead Opinion

*159 MEMORANDUM **

Terrence Harper (“Harper”) appeals the district court’s dismissal of his Petition for Writ of Habeas Corpus as untimely, arguing that the limitations period was tolled under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244 (d)(2), by the pendency of a series of state and federal habeas petitions. While Harper may be entitled to tolling from the date of AEDPA’s enactment to the date the California Supreme Court summarily denied his state habeas petition, his current federal petition is untimely despite that tolling. Accordingly, we affirm.

AEDPA, effective April 24, 1996, imposed a one-year statute of limitations for state prisoners filing federal petitions for habeas corpus. See 28 U.S.C. § 2244 (d). For prisoners like Harper, whose convictions had become final before the passage of AEDPA, the one-year limitations period began running on AEDPA’s effective date, expiring on April 24, 1997, unless it was tolled. See Patterson v. Stewart, 251 F.3d 1243, 1244 (9th Cir.2001); Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). Harper filed his current federal petition on March 3, 1999.

AEDPA’s tolling provision states that “[t]he time…

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