Thomas

MEMORANDUM **

California state prisoner Glen Mark Thomas (“Thomas”) appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 2253 . We review *610 de novo the district court’s dismissal of Thomas’s habeas petition, see Miles v. Prunty, 187 F.3d 1104,1105 (9th Cir.1999), and we affirm.

Thomas challenges his 1992 conviction for second-degree murder and use of a firearm in the commission of the crime, which conviction became final before April 25, 1996, the day after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Absent tolling, Thomas had until April 24, 1997, to file his 28 U.S.C. § 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). Thomas’s first state habeas petition was denied January 13, 1994, before the effective date of AEDPA. Giving Thomas the benefit of the prison mailbox rule, his second petition was filed May 20, 1996, and denied June 3,…