Ramey

Ramey v. Lewis

Good Law
189 F. App'x 607
United States Court of Appeals for the Ninth CircuitJuly 10, 2006No. 03-16768California517 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Johnney Ramey (“Ramey”) appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of Ramey’s habeas petition, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Ramey challenges his 1995 convictions for two counts of second-degree robbery and of using a dangerous weapon during the commission of the robbery, which convictions became final prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”). Absent tolling, Ramey had until April 24, 1997, to file his § 2254 petition. See Calderon v. United States Dist Court (Beeler), 128 F.3d 1283, 1288-89 (9th Cir. 1997), overruled in part on other grounds, Calderon v. United States Dist. Court (Kelly), 163 F.3d 530, 540 (9th Cir.1998) (en banc). Ramey’s first and second petitions were filed in Fresno County Superior Court in 1995 and 1996, respectively, before the enactment of AEDPA. He then filed six additional Fresno County Superior Court petitions, all in 1997 after AED-PA’s effective…

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