Buchanan
Buchanan v. Yarborough
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Craig Paul Buchanan appeals the district court’s order dismissing his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
As an initial matter, we note that the district court certified two issues on appeal: (1) whether a petition for writ of coram nobis is a collateral proceeding and, if so, when does a denial of such a petition *778 become final for purposes of the Antiterrorism and Effective Death Penalty Act (AEDPA); and (2) whether AEDPA’s one-year statute of limitations is subject to tolling to account for the period when a timely-filed but completely unexhausted federal habeas petition waits for a ruling from the district court. 1 The scope of review in habeas cases under the AEDPA is limited to those issues specified in the Certificate of Appealability (“COA”). Nardi v. Stewart, 354 F.3d 1134, 1137 (9th Cir.2004). Buchanan has not filed a timely request to broaden the issues certified for appeal, see 9th Cir. R. 22-1, nor does he meet the standards set forth in Slack v. McDaniel, 529 U.S. 473, 484 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000). Thus, to the extent that Buchanan…