Cruz
Cruz v. Ramirez-Palmer
Opinion
Lead Opinion
MEMORANDUM *
Petitioner Albert Cruz appeals, for the second time, the dismissal of his petition for a writ of habeas corpus as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 28 U.S.C. § 2244 (d)(1). The district court initially dismissed the petition because it was filed after AEDPA’s one-year limitations period had elapsed. In an earlier memorandum disposition, we vacated and remanded with instructions to the district court to consider whether Petitioner’s serious illness warranted equitable tolling. Cruz v. Ramirez-Palmer, No. 99-17693, 2000 WL 1721933 (9th Cir. Nov. 17, 2000) (unpublished disposition).
On remand, the district court tolled the statute from March 19,1997, through February 24, 1998. Even though the statute was tolled for that period, Petitioner’s May 6,1999, petition was filed almost a year too late. The district court dismissed again on timeliness grounds. On appeal, Petitioner argues that the district court erred because the tolling period should have begun earlier and run later. Reviewing the dis *368 trict court’s factual findings for clear error, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm.