Ashker

MEMORANDUM **

Todd Lewis Ashker (“Ashker”) appeals the district court’s determination that his April 20, 2001 habeas corpus petition under 28 U.S.C. § 2254 1 was barred by the one-year statute of limitations set out in Section 2244(d). On April 22, 1997 Ashker filed a petition for review in state court that, by his own calculation, tolled the running of the statute of limitations until July 5, 2000—nine months before Ashker actually filed his federal petition now under review. Ashker offers numerous rea *33 sons why his habeas claim should not be considered untimely despite the delay in filing, but after reviewing the record we agree with the district court that all of Ashker’s arguments lack merit.

First, Ashker claims that until November 12, 1999 he neither knew nor reasonably could have known that his trial attorney Phillip Cozens (“Cozens”) believed that Ashker was implicated in the planning and execution of Cozens’ stabbing by a third person during Ashker’s trial, but the record clearly shows otherwise. In April 1990 Ashker received copies of statements Cozens made to the police regarding the stabbing. Though Ashker himself acknowledges that those statements “are…