Govind

Govind v. Lindsey

Good Law
97 F. App'x 204
United States Court of Appeals for the Ninth CircuitMay 18, 2004No. 01-56176California367 words

Opinion

Lead Opinion

MEMORANDUM **

California state parolee, Daniel H. Govind, appeals pro se the dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Delhomme v. Ramirez, 340 F.3d 817, 819 (9th Cir.2003) (per curiam), and we vacate and remand.

The issues certified for appeal were whether the district court erred by dismissing Govind’s § 2254 petition as untimely and failing to toll the Anti-Terrorism and Effective Death Penalty Act 1-year statute of limitations from the date of his first state habeas petition in California Superior Court until the denial of his last state habeas petition in California Supreme Court. 1 We conclude that it did.

Govind is entitled to tolling during the entire time he was seeking one full round of collateral review by the California courts. See 28 U.S.C. § 2244 (d); Carey v. Saffold, 536 U.S. 214, 220 , 122 S.Ct. 2134 , 153 L.Ed.2d 260 (2002) (reiterating that *205 exhaustion requires one Ml round of review by the state courts, during which time, the statute of limitations is tolled because petitioners’ applications are pending); Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir.1999) (“we hold…

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