Boyce
Boyce v. Stewart
Opinion
Lead Opinion
MEMORANDUM **
Arizona state prisoner Antonneo R. Boyce appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition on statute of limitations grounds. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of Boyce’s habeas petition, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.
Boyce challenges his 1991 Arizona guilty plea convictions for sexual abuse of a minor and attempted child molestation, which became final prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Therefore, absent tolling, Boyce had until April 24, 1997 *659 to timely file his section 2254 petition. See Calderon v. United States Dist. Court (Beeler), 128 F.3d 1283, 1288-89 (9th Cir. 1997), overruled in part on other grounds, Calderon v. United States Dist. Court (Kelly), 163 F.3d 530, 540 (9th Cir.1998) (en banc). Even affording Boyce statutory tolling for the entire time during which his multiple state habeas petitions were pending in the Arizona state courts, Boyce’s federal petition is still untimely, unless he can show he is entitled to equitable tolling. See Biggs v.…