Tucker

MEMORANDUM ***

The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) enacted a one-year statute of limitation for applications for writs of habeas corpus by persons *762 “in custody pursuant to the judgment of a State court.” 28 U.S.C. § 2244 (d)(1); Lott v. Mueller, 304 F.3d 918, 920 (9th Cir. 2002). State prisoners seeking to challenge a non-capital conviction must therefore file a petition within one year from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244 (d)(1)(A). Prisoners such as Tucker whose judgment became final prior to AEDPA’s enactment had until April 24, 1997 to file a petition for federal habeas corpus relief. Lott, 304 F.3d at 920 ; Patterson v. Stewart, 251 F.3d 1243,1245 (9th Cir.2001).

The April 24, 1997 filing date may be tolled during the pendency of a “properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim.” 28 U.S.C. § 2244 (d)(2). The Supreme Court of Nevada dismissed Tucker’s appeal pursuant to Nevada Rule of Appellate Procedure 4(b), which governs appeals in…