Logan

Logan v. Hall

Good Law
207 F. App'x 872
United States Court of Appeals for the Ninth CircuitNovember 21, 2006No. 05-55903California907 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner-Appellant Joe C. Logan appeals from a judgment and order of the United States District Court for the Central District of California, dismissing as untimely his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

The dismissal of a federal habeas petition based on the limitation period set forth in the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244 (d), is reviewed de novo. See Malcom v. Payne, 281 F.3d 951, 955-56 (9th Cir.2002).

On December 17, 1998, Petitioner was convicted by a California state jury of kidnaping in the course of a carjacking, unlawful taking of a vehicle and attempted second degree robbery. On February 19, 1999, he made a pro se motion requesting certain court records, including a transcript of the voir dire, for use on appeal. 1 Appellate counsel was appointed, as requested by Petitioner, and the court did not respond to his pro se motion. No additional motion for the voir dire transcript was made to the court by Petitioner or his counsel. Petitioner’s appeal did not raise any issues related to the voir dire. The appeal was denied and the judgment of…

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