Rogge

MEMORANDUM **

Chaves V. Rogge appeals the district court’s dismissal of his habeas petition. See 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

Rogge argues that the district court erred in declaring his petition untimely. The clock began to run on Rogge’s petition on April 25, 1996, the day after the effective date of the Antiterrorism and Effective Death Penalty Act. See Malcom v. Payne, 281 F.3d 951, 955 (9th Cir.2002). One hundred and thirty-nine (139) days elapsed until Rogge mailed a habeas petition to the Superior Court of California on September 11, 1996. See Huizar v. Carey, 273 F.3d 1220, 1223-1224 (9th Cir.2001). The clock stopped until that petition was denied on November 7, 1996, see 28 U.S.C. § 2244 (d)(2), and then 146 days elapsed until he filed a petition for habeas relief with the California Court of Appeal on April 23, 1997. That petition was denied on May 14, 1997, and another 107 days passed until he filed a habeas petition with the California Supreme Court on August 28, 1997. That petition was denied on November 25, 1997, and the clock began running 30 days later, on December 25, 1997. See Bunney v. Mitchell, 262 F.3d 973,…