Wilson

MEMORANDUM **

Richard Wilson appeals the district court’s ruling that his habeas petition is time-barred. We conclude that Wilson’s petition was timely filed. Accordingly, we reverse and remand for further proceedings.

The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a one-year statute of limitation on habeas petitions filed in federal court by state prisoners. *846 28 U.S.C. § 2244 (d)(1). The AEDPA also provides tolling for “[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending....” 28 U.S.C. § 2244 (d)(2). The Supreme Court recently held that, for purposes of applying § 2244(d)(2) to California’s collateral review system, “pending” includes an interval between the state court’s disposition of a state habeas petition and the filing of a petition at the next state appellate level. See Carey v. Saffold, 536 U.S. 214 , 122 S.Ct. 2134, 2140 , 153 L.Ed.2d 260 (2002).

The district court ruled that Wilson’s eight-month delay between state court filings was unreasonable and beyond the “outer limit of appropriate pursuit.” We note, however, that the…