Jackson v. Del Papa

MEMORANDUM **

James Walter Jackson, a Nevada state inmate, appeals the district court’s denial on untimeliness grounds of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this final judgment pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 2253 , and we affirm the district court’s order.

*593 We review de novo a district court’s denial of a habeas petition on untimeliness grounds. Laws v. Lamarque, 351 F.3d 919, 922 (9th Cir.2003). The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) governs Jackson’s § 2254 petition because it was filed after AEDPA’s effective date on April 24,1996. Patterson v. Stewart, 251 F.3d 1243, 1245 (9th Cir.2001). Jackson’s conviction became final prior to AEDPA’s effective date, and he therefore had one year, tolled during the pendency of his state petition for post-conviction relief, to file his § 2254 petition. Jenkins v. Johnson, 330 F.3d 1146, 1149 (9th Cir.2003). The one-year period expired on January 3, 2000, one year after the denial of his state petition for post-conviction relief was affirmed on appeal. See id. Jackson, however, did not mail his § 2254 petition to the district court…