Hardiman

Hardiman v. Galaza

Good Law
58 F. App'x 708
United States Court of Appeals for the Ninth CircuitMarch 3, 2003No. 01-56531; D.C. No. CV-00-10294-LGB(Mc)California1,420 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner-Appellant Cesari Hardiman appeals the district court’s dismissal, on timeliness grounds, of his petition for a writ of habeas corpus. Hardiman contends that the statute of limitations should have been statutorily and/or equitably tolled to render his petition timely under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2244 (d)(2). We affirm the district court.

I. BACKGROUND

In June 1991, Hardiman was convicted in Los Angeles County of one count of first-degree murder with personal use of a firearm and two counts of attempted murder. He was sentenced on July 19, 1991, to twenty-five years to life in state prison, plus two consecutive terms of twenty-five years to life. Hardimaris convictions were affirmed by the California Court of Appeal on February 3, 1994, and his petition for review before the California Supreme Court was denied on June 1,1994.

Almost two years later, commencing on April 30, 1996, Hardiman filed a series of three mandamus petitions in the California state courts. Hardiman was seeking a court order requiring his trial counsel to turn over his case file and any other materials pertaining to his case.…

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