Evans

MEMORANDUM **

California state prisoner Anthony Ray Evans appeals the district court’s dismissal with prejudice of his 28 U.S.C. § 2254 petition for writ of habeas corpus as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

In reviewing the district court’s decision to dismiss Evans’ § 2254 petition de novo, see Lott v. Mueller, 304 F.3d 918, 922 (9th Cir.2002), we have considered petitioner’s pro se brief as well as the brief filed by counsel.

Evans did not file this habeas petition until after the one-year statute of limitations imposed by AEDPA had expired, therefore it is untimely unless saved by statutory or equitable tolling. See Jorss v. Gomez, 311 F.3d 1189, 1192 (9th Cir.2002) (stating that a petition is timely, “even if filed after the one-year time period has expired, when statutory or equitable tolling applies”).

The district court correctly concluded that statutory tolling does not apply because Evans did not file his first state habeas petition until after the limitations period had run. See Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir.1999) (“AEDPA’s statute of limitations is not tolled from the time a final decision is issued on…