Nedds

Petitioner-Appellant Darryl Nedds (“Nedds”), a California state prisoner, appeals the district court’s holding that his 28 U.S.C. § 2254 habeas corpus petition is time-barred by the one-year statute of limitations created by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). The district court dismissed Nedds’ habeas petition solely for untimeliness and did not reach the merits of Nedds’ claim. Accordingly, the only issue before us is whether Nedds timely filed his federal habeas petition.

Nedds argues that he is entitled to equitable tolling for the entire time he pursued his state habeas petitions because, in deciding when he should file his federal habeas petition, he was entitled to rely on then-existing Ninth Circuit precedent under which his federal habeas petition would have been timely when filed. We agree. A habeas petitioner who decides when to file his federal habeas petition in accord with Ninth Circuit precedent that is later overturned by the U.S. Supreme Court is entitled to equitable tolling. See Harris v. Carter, 515 F.3d 1051, 1057 (9th Cir.), cert. denied, 555 U.S. 967 , 129 S.Ct. 397 , 172 L.Ed.2d 323 (2008); Townsend v. Knowles, 562…