Warren Stafford v. Charles Ryan

MEMORANDUM

Warren Frank Stafford appeals the district court’s conclusion that his 28 U.S.C. § 2254 habeas corpus petition is time-barred by the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We reverse the district court’s decision and remand for consideration of the merits of Stafford’s habeas petition.

“We review de novo a district court’s dismissal of a petition for writ of habeas corpus under AEDPA’s statute of Imitations.” Summers v. Schriro, 481 F.3d 710, 712 (9th Cir.2007). “We [also] review de novo questions of statutory interpretation.” Id. (internal quotation marks omitted).

The AEDPA one-year limitations period is tolled while “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). “[A]n application is ‘properly filed’ when its delivery and acceptance are in compliance with the applicable laws and rules governing filings,” including “the time limits upon its delivery....” Artuz v. Bennett, 531 U.S. 4, 8 , 121 S.Ct. 361 , 148 L.Ed.2d 213 (2000).…