McDonald

MEMORANDUM **

Marlin McDonald appeals pro se the district court’s order dismissing as untimely and procedurally barred his 28 U.S.C. § 2254 petition challenging his convictions for carjacking and robbery with use of a firearm in violation of CaLPenal Code §§ 215, 211, and 12022.5. We have jurisdiction pursuant to 28 U.S.C § 2253. We review de novo the district court’s decision to dismiss a petition for writ of habeas corpus, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm in part, vacate in part, and remand.

As an initial matter, McDonald contends the limitations period should not commence until he is in receipt of the court’s judgment disposing of his claims. We reject this contention because McDonald has provided no authority for this method of calculation. Cf. Smith v. Duncan, 297 F.3d 809, 812-13 (9th Cir.2002) (stating that the Antiterrorism and Effect five Death Penalty Act’s (“AEDPA”) limitation period began 40 days after the California Court of Appeal filed its opinion, when the time for seeking direct review expired). Moreover, McDonald has failed to show it would make his petition timely.

McDonald then argues that his federal petition is timely…