Page

Page v. Lamarque

Good Law
110 F. App'x 767
United States Court of Appeals for the Ninth CircuitSeptember 17, 2004No. 03-55932California298 words

Opinion

Lead Opinion

MEMORANDUM **

California prisoner Michael Tyrone Page appeals from a judgment of the district court dismissing his petition for writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 . We review de novo a district court’s decision to dismiss a petition for writ of habeas corpus on statute of limitations grounds, see Lott v. Mueller, 304 F.3d 918, 922 (9th Cir.2002), and we affirm.

Because the parties are familiar with the facts, we recite them only as necessary for this decision. Page argues that the statute of limitations on his habeas petition should be equitably tolled because he did not receive timely notice of the California Supreme Court’s denial of his petition for review. However, we agree with the district court that when the California Court of Appeal issued the remittitur and it was served on Page’s appellate lawyer, Page received constructive notice that his petition for review was no longer pending. In addition, the Los Angeles Superior Court issued two separate minute orders stating that the hearing for Page’s re-sentencing was being scheduled as a result of its having received the remittitur. Page’s trial lawyer was notified of…

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