Franklin

ORDER

Robert Duane Franklin’s petition for panel rehearing is granted. The memorandum disposition filed on January 10, 2011, is withdrawn. A new memorandum disposition will be filed concurrently with this order.

The court is in receipt of appellant’s pro se petition for rehearing en banc, dated January 24, 2011, and appellant’s pro se motion to take judicial notice, dated January 24, 2011. Because appellant is represented by counsel, only counsel may submit filings.

The Clerk shall serve copies of appellant’s pro se petition and pro se motion on appointed counsel of record, Walter K. Pyle.

In addition, the Clerk shall serve copies of this order and the new memorandum disposition directly on appellant.

A petition for rehearing, if any, is due within 14 days of the filing date of the new disposition.

MEMORANDUM **

California state prisoner Robert Duane Franklin appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Franklin contends that the district court erred in dismissing his petition as untimely because proceedings before the state court sufficiently tolled the statute of…