Dominguez

MEMORANDUM ***

Michael Lee Dominguez appeals from the district court’s judgment dismissing his federal habeas petition as untimely under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244 (d). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of a habeas petition, Karis v. Calderon, 283 F.3d 1117, 1126 (9th Cir.2002), and we affirm.

AEDPA establishes a one-year statute of limitations for filing federal habeas petitions. For prisoners like Dominguez, convicted before AEDPA’s enactment, the clock starts running on April 24, 1996, the date of the Act’s passage. Calderon v. United States Dist. Court (Beeler), 128 F.3d 1283, 1286-87 (9th Cir.1997), overruled in part on other grounds by Calderon v. United States District Court (Kelly), 163 F.3d 530 (9th Cir.1998). Dominguez did not file his federal habeas petition until September of 1999, but argues that the statute of limitations was tolled while he sought state review. 28 U.S.C. *231 § 2244 (d)(2) (“[The] time during which a properly filed application for State post-conviction ... review ... is pending shall not be counted toward any period of limitation…