Ruffin

MEMORANDUM ***

We affirm the district court’s dismissal of Gistarve Ruffin Jr.’s habeas corpus petition. We hold that Ruffin failed timely to file his petition within the one-year statute of limitations under AEDPA, 28 U.S.C. *850 § 2244 (d), and that he was not entitled to either statutory or equitable tolling.

Ruffin’s conviction became final on October 24, 1996. He filed his first state petition for post-conviction relief on December 16, 1996. This petition was dismissed in state court on June 27, 1997. Ruffin filed a second state petition on March 9, 1998, and a third petition on November 18, 1998. The Nevada state courts dismissed both these petitions as untimely. Ruffin filed his federal petition on September 15, 2003.

Under Pace v. DiGuglielmo, 544 U.S. 408 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005), untimely filed state post-conviction petitions do not toll the one-year statute of limitations for filing federal habeas petitions. Id. at 414 , 125 S.Ct. 1807 ; cf. 28 U.S.C. § 2244 (d) (stating that the time during which a “properly filed” state petition for post-conviction relief is pending shall not count toward the statute of limitations for filing a federal petition for…