Richard Dean Thorson v. Ana M. Ramirez Palmer

Richard Thorson appeals the district court’s dismissal of his federal habeas corpus petition, brought pursuant to 28 U.S.C. § 2254 , as time-barred. We have jurisdiction under 28 U.S.C. § 2253 . Reviewing de novo, Brambles v. Duncan, 412 F.3d 1066, 1069 (9th Cir.2005), we affirm. We conclude that, because the California Supreme Court denied Thorson’s state ha-beas petition as untimely, Thorson was not entitled to tolling while his untimely petition was pending in state court. Without that tolling, Thorson’s federal habeas corpus petition fell outside the one-year limitation period for a state prisoner filing a federal habeas corpus petition.

Background

Thorson was convicted in California state court of second degree murder. His conviction was affirmed on direct review and became final on June 25,1997.

Thorson unsuccessfully sought habeas relief in California Superior Court 114 days later. More than a year and a month after the denial of his first state habeas petition, Thorson filed a second habeas petition in the California Court of Appeal. His second petition was denied without comment or citation. Twenty-one days later, Thorson filed a third habeas petition in the California…