West
West v. Brown
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Jess Perry-West II (“West”) appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) statute of limitations. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s denial of West’s habeas petition. See Mendez v. Small, 298 F.3d 1154, 1157 (9th Cir.2002). We may affirm the district court on any ground supported by the record. See White v. Klitzkie, 281 F.3d 920, 922 (9th Cir.2002). Although we disagree with the district court that West’s petition was untimely, we find that West has failed to establish prejudice on his ineffective assistance of counsel claim.
West challenges his February 24, 1999, convictions following guilty pleas for murder, residential burglary, false imprisonment, unlawful firearm discharge, and possession of a firearm by a felon. West claims that under 28 U.S.C. § 2244 (d)(1)(D) of the Antiterrorism and *627 Effective Death Penalty Act of 1996 (“AEDPA”), a one-year limitations period for filing a federal habeas petition began September 11, 1999, the date he received a letter from…