Alarcon

MEMORANDUM **

Epain De Jesus Cameron Alarcon appeals the district court’s order dismissing his federal habeas corpus petition as barred by the one-year statute of limitations contained in the Antiterrorism and Effective Death Penalty Act (AEDPA). We affirm the district court’s order in part, reverse in part, and remand the case for further proceedings in light of Mendoza v. Carey, No. 04-56733, slip op. 6233 (9th Cir. June 7, 2006).

1. Alarcon contends that the district court erred in computing the date on which his conviction became final because he is entitled to a ninety-day grace period for filing a petition for a writ of certiorari in the United States Supreme Court. Because Alarcon appealed his state court conviction to the California Court of Appeal but did not seek review in the California Supreme Court, he was not entitled to petition the Supreme Court for a writ of certiorari. The Supreme Court may only hear cases from a state court of last resort, that is, “the highest court of a State in which a decision could be had.” 28 U.S.C. § 1257 (a); see also Sup. Ct. R. 13.1 (“Unless otherwise provided by law, a petition for a writ of certiorari to review a judgment in any…