Newman

MEMORANDUM *

Dwan Newman appeals from the district court’s denial of his habeas petition. Newman argues that he is entitled to both statutory and equitable tolling of the one-year limitations period of the Antiterrorism and Effective Death Penalty Act (“AEDPA”). Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The district court determined that Newman’s petition was not timely unless it was subject to equitable tolling. For petitioners whose convictions were final prior to the enactment of AEDPA, the statute’s one-year limitation period began to run on the date of AEDPA’s effective date and, absent any form of tolling, expired on April 24, 1997. Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir.2001). Newman’s petition was filed sometime between October 27 and November 3, 1999, and, therefore, was untimely absent some form of tolling.

The district court did not decide whether Newman was entitled to statutory tolling under 28 U.S.C. § 2244 (d)(2) because it determined that, even if Newman was given the benefit of statutory tolling, his tolling period would have ended on September 29,1999, and his one-year…