Warren

MEMORANDUM **

Petitioner-Appellant Donald Warren appeals the district court’s denial of his petition for writ of habeas corpus under 28 *707 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We review de novo the district court’s decision to deny Warren’s habeas petition. See Robinson v. Ignacio, 360 F.3d 1044, 1055 (9th Cir.2004). Because the parties are familiar with the case’s facts, we do not recount them except as necessary to our disposition.

Because Warren failed to file his petition in the district court within the one-year period allowed under the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214, the state urges us to dismiss Warren’s petition as untimely. Warren counters that the state waived its statute of limitations defense and that, in any event, he is entitled to equitable tolling. Because AEDPA’s statute of limitations is not jurisdictional, see Green v. White, 223 F.3d 1001, 1003-04 (9th Cir.2000), we elect to deny Warren’s petition on the merits rather than reach the waiver and equitable tolling issues.

Warren’s first substantive claim is that the trial court violated due…