Carr

Carr v. Los Angeles Superior Court

Good Law
77 F. App'x 952
United States Court of Appeals for the Ninth CircuitOctober 9, 2003No. 01-55364; D.C. No. CV-00-05782-CAS(RZ)California527 words

Opinion

Lead Opinion

MEMORANDUM *

Cecil Carr appeals the district court’s dismissal of his federal habeas petition as time-barred under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244 (d). We have jurisdiction under 28 U.S.C. § 2253 and we reverse.

The district court erred in finding that the AEDPA statute of limitations was not tolled while Carr pursued state post-conviction review. See 28 U.S.C. § 2244 (d)(2) (“[The] time during which a properly filed application for State post-conviction ... review ... is pending shall not be counted toward any period of limitation under this subsection.”).

Under 28 U.S.C. § 2244 (d)(2), the statute of limitations on Carr’s federal habeas petition was tolled while he completed *954 “one full round” of state collateral review. Carey v. Saffold, 536 U.S. 214, 222 , 122 S.Ct. 2134 , 153 L.Ed.2d 260 (2002). Carr’s state conviction became final on December 5, 1997. On October 1, 1998, Carr filed a petition for writ of habeas corpus in the Los Angeles Superior Court, which was summarily denied. Carr’s “petition for writ of mandate” in the California Court of Appeal seeking relief under what was then California Rule of Court 260(e) and a…

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