Brown

Brown v. Carey

Good Law
75 F. App'x 642
United States Court of Appeals for the Ninth CircuitSeptember 16, 2003No. 02-56819; D.C. No. CV-98-01128-NAJCalifornia271 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner, Roy Lee Brown, Jr., appeals pro se the dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we vacate and remand.

Brown contends that his § 2254 petition was timely filed because his state habeas petitions statutorilly tolled the Antiterrorism and Effective Death Penalty Act’s (AEDPA) one-year statute of limitations. We agree.

Brown is entitled to tolling during the time he was seeking one full round of collateral review by the California courts. See 28 U.S.C. § 2244 (d); Delhomme v. Ramirez, No. 00-56148, 2003 WL 21947183, at *3 (9th Cir. Aug. 15, 2003) (per curiam) (holding that overlapping state habeas petitions begin a separate round of review and do not disturb the pendency of petitioner’s first round of review); Carey v. Saffold, 536 U.S. 214, 220 , 122 S.Ct. 2134 , 153 L.Ed.2d 260 (2002) (reiterating that exhaustion requires one full round of review by the state courts, *643 during which time, the statute of limitations is tolled because petitioners’ applications are pending).

Given that the…

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