Hernandez

MEMORANDUM **

Francisco Hernandez appeals the district court’s dismissal of his petition for a writ of habeas corpus.

I

Under AEDPA, the one-year limitations period is tolled for the “time during which a properly filed application for State post-conviction or other collateral review ... is pending.” 28 U.S.C. § 2244 (d)(2). The *658 time that an application for state post-conviction review is “pending” includes the period between the California Court of Appeal’s adverse post-conviction determination and the prisoner’s filing of a post-conviction petition in the California Supreme Court only if the California Supreme Court petition is timely under state law. Evans v. Chavis, — U.S.-, 126 S.Ct. 846, 849 , 163 L.Ed.2d 684 (2006). California considers such petitions timely filed if they are filed within a “reasonable time.” Id.

Where, as here, the California Supreme Court summarily denies the petition without comment or citation, we “must decide whether the filing of the request for state-court appellate review (in state collateral review proceedings) was made within what California would consider a ‘reasonable time.’ ” Id. at 852 .

Because Hernandez filed his petition in the…