Sage

MEMORANDUM ***

Gerald Sage appeals from the district court’s dismissal of his second federal habeas corpus petition, which was time barred by AEDPA. Sage had of his own volition moved the court to dismiss his first federal petition, so that he could return to state court to exhaust the only ground for relief stated in the first petition.

On November 6, 1996, petitioner Sage pled guilty in Los Angeles County Superi- or Court to voluntary manslaughter with a knife in violation of California Penal Code § 192(a) and § 12022. The trial court found that Sage had two previous “strike” convictions for purposes of the application of the “three strikes” law and sentenced him to twenty-six years to life in state prison.

Sage appealed his conviction all the way to the state supreme court, which denied his petition for review on April 14, 1999, thereby rendering his conviction final on July 13, 1999. Under AEDPA petitioner had one year, or until July 13, 2000, within which to file for a federal writ of habeas corpus. See 28 U.S.C. § 2244 (d)(1)(A); Bowen v. Roe, 188 F.3d 1157, 1158-59 (9th Cir.1999).

Petitioner waited nine months to pursue any collateral review of his conviction and…