Lytle

MEMORANDUM **

Termaine Anthony Lytle, a Nevada state prisoner, appeals the district court’s *596 dismissal of his petition for habeas corpus. We granted a certificate of appealability (COA) on the issue of equitable tolling, and we expand the COA to include review of the district court’s conclusion that Lytle did not exhaust his claims in state court. 1 Because the statute of limitations should have been equitably tolled during the period that Lytle was unable to get his case file from his withdrawn attorneys, his petition was timely, but because he failed to exhaust his claims in state court, we affirm the district court.

We review de novo whether equitable tolling should be applied to the statute of limitations. See Corjasso v. Ayers, 278 F.3d 874, 877 (9th Cir.2002). The Antiterrorism and Effective Death Penalty Act contains a one-year statute of limitations, tolled while a properly filed application for state postconviction relief is pending before a state court. See 28 U.S.C. § 2244 (d)(1) & (d)(2). Lytle’s conviction was final on June 19, 2001. He filed his state petition three hundred and thirty-two (332) days later, tolling the one-year period. The limitations period…