Sarkisyan
Sarkisyan v. Ramirez-Palmer
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Sarkis Sarkisyan appeals the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
Sarkisyan contends that he is entitled to statutory tolling for the entire time that his state habeas petitions were pending. While we agree with Sarkisyan, see Chavis v. LeMarque, 382 F.3d 921, 926 (9th Cir.2004), even given tolling for the almost three years that his petitions were before the state courts, Sarkisyan’s § 2254 petition was still filed after his Antiterrorism and Effective Death Penalty Act (AEDPA) statute of limitations had expired. Accordingly, absent equitable tolling, his § 2254 petition is untimely.
On appeal, Sarkisyan contends that he is entitled to equitable tolling because (1) the district court failed to give him certain advisements when it dismissed his original § 2254 petition for failure to exhaust; and (2) the district court misled him by dismissing this petition without prejudice. Sarkisyan’s first contention is foreclosed by the Supreme Court’s ruling in Pliler v. Ford, — U.S. -, -, 124 S.Ct. 2441, 2445-46 , 159 L.Ed.2d 338 (2004)…