Pechickjian

MEMORANDUM **

Richard Pechickjian, a California state prisoner, appeals pro se the dismissal as untimely of his habeas corpus petition brought under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 , and we vacate the district court’s judgment.

Pechickjian contends that he was entitled to equitable tolling of the statute of limitations during the time his prior, mixed federal habeas petition was pending because in dismissing that petition without prejudice, the district court did not inform him that it could stay proceedings pending exhaustion of claims in state court. This contention is foreclosed by Pliler v. Ford, -U.S. -, -, 124 S.Ct. 2441, 2446 , 159 L.Ed.2d 338 (2004).

Pechickjian also contends that the district court erred in holding that his filing of an intervening federal petition between the date the state superior court denied his habeas petition and the date he filed a habeas petition in the California Court of Appeal interrupted the tolling of the statute of limitations pursuant to 28 U.S.C. § 2244 (d)(2). 1 This contention has merit *62 because “by its plain terms § 2244(d)(2) requires tolling during the pendency of a properly-filed state petition.”…