John Baker v. Charles Ryan

MEMORANDUM

John P. Baker appeals the district court’s denial of his federal habeas corpus petition as untimely. He argues that he was entitled to statutory or equitable tolling of the Antiterrorism and Effective Death Penalty Act (AEDPA). We review this matter de novo. Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir.2003). We affirm.

The parties are familiar with the facts. Baker was convicted by a jury for conspiracy, kidnaping, and child abuse. His conviction was denied review by the Arizona Supreme Court in 2001. A petition for post-conviction relief resulted in his resen-tencing on May 2, 2005. Baker filed several other petitions for post-conviction relief. Two were timely filed, consolidated, and denied by the Arizona Court of Appeals. The Arizona Supreme Court denied review of those two petitions on August 8, 2007. Baker filed a third petition for post-conviction review on October 3, 2006. The trial and appellate courts denied relief, and the Arizona Supreme Court denied review on December 17, 2007. Baker filed his fourth petition on September 11, 2007. The trial and appellate courts denied relief, and the Arizona Supreme Court denied review on March 10, 2009. He filed his…