Dunn
Dunn v. Lambert
Opinion
Lead Opinion
MEMORANDUM **
Donald Leonard Dunn, Jr., appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. Dunn’s petition challenges his 1994 Washington state guilty-plea conviction and 240-month sentence for first degree murder. We have jurisdiction under 28 U.S.C. § 2253 . Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm.
Dunn contends the district court erred by denying his motion as untimely because the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) was equitably tolled under § 2244(d)(2) by the proper filing of his Washington state personal restraint petition. We decline to review this contention because it raises a question of statutory tolling and the district court’s grant of certificate of appealability was limited to equitable tolling. See 28 U.S.C. § 2253 (c)(3); Hiivala v. Wood, 195 F.3d 1098 (9th Cir.1999)(per curiam).
Dunn also contends that the district court erred in dismissing his petition without holding an evidentiary hearing to determine whether the fact that the state forced him to take anti-psychotic drugs during his state trial proceedings in 1994…