Clint Livermore v. Gary Sandor, Warden

MEMORANDUM

Clint M. Livermore, who is serving a 15 years to life term in California state prison on a second degree murder conviction, filed a habeas corpus petition alleging ineffective assistance of counsel. The district court dismissed the petition as barred by the one-year statute of limitation period imposed by 28 U.S.C. § 2244 (d). Liver-more argues that he is entitled to statutory and equitable tolling. We affirm the district court’s dismissal of Livermore’s petition.

1. Statutory Tolling

Livermore’s limitation period began running “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244 (d)(1)(A). Because Livermore’s state court conviction became final on July 27, 2004, the last day to file a federal habeas petition was July 27, 2005. Liver-more filed his petition on October 17, 2006. Thus, absent tolling, the petition is time-barred.

“The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.” 28…