Paul Alywen Redd, Jr. v. Joe McGrath

Paul Alywen Redd, Jr., a California state prisoner serving an indeterminate life sentence for murder, appeals the judgment of the district court denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Redd’s petition, which was filed on September 18, 2001, challenges the California Board of Prison Terms’ determination that he was unsuitable for parole. The district court dismissed the petition as untimely under AEDPA’s one-year statute of limitations, see 28 U.S.C. § 2244 (d)(1), which the court held began to run on December 8, 1998, the day after the California Board of Prison Terms (“Board”) denied Redd’s administrative appeal. Redd contends on appeal before this court that his petition was timely filed because AEDPA’s statute of limitations did not begin running until January 19, 2001, at the completion of state habeas review.

We agree with the district court that 28 U.S.C. § 2244 (d)(1)(D) applies to Redd’s petition and that the limitations period began to run when the Board denied his administrative appeal. Because Redd did not file his federal habeas petition until nearly four months after the statute of limitations expired, his petition is untimely and…