Manuel Sanchez v. James Yates

MEMORANDUM

Manuel Sanchez appeals from the district court’s dismissal of his federal habeas claims on the ground that the Anti-Terrorism and Effective Death Penalty Act’s (“AEDPA”) statute of limitations bars his claim. We review de novo the denial of a 28 U.S.C. § 2254 habeas petition as untimely. Gaston v. Palmer, 417 F.3d 1030, 1034 (9th Cir.2005), modified on other grounds, 447 F.3d 1165 . This court has jurisdiction over the appeal by 28 U.S.C. § 1291 .

Sanchez failed to file his habeas claims within the time period set out by 28 U.S.C. § 2244 (d) and did not exhibit the diligence required for a grant of equitable tolling. Therefore, the district court’s dismissal is AFFIRMED.

I. FACTUAL HISTORY

The parties to this case are aware of the facts that underlie both Sanchez’s conviction and his habeas claims; we recite only the facts pertinent to this appeal.

Sanchez had one year to file his habeas claims in district court beginning April 26, 2005, the day his state conviction became final. Id. § 2244(d)(1)(A). Roughly six months later, on October 28, 2005, Sanchez filed his first state habeas petition, successfully tolling AEDPA’s one year limitations period for as long as…