Taylor

Taylor v. Blacketter

Good Law
213 F. App'x 560
United States Court of Appeals for the Ninth CircuitDecember 18, 2006No. 05-35954California804 words

Opinion

Lead Opinion

MEMORANDUM *

Mastín Taylor appeals the district court’s dismissal of his habeas petition as time-barred by the Antiterrorism and Effective Death Penalty Act of 1996 (AED-PA), 28 U.S.C. § 2244 (d). Taylor’s petition alleged that the Oregon Board of Parole and Post-Prison Supervision (Board) lost authority over him in 1995 and that his continued detention pursuant to one of its orders therefore violates his federal constitutional rights. He argues his petition was timely filed under § 2244(d)(1), and that even if it was not, he is entitled to equitable tolling of AED-PA’s one-year statute of limitations. We review these claims de novo. See Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003). We reject both arguments and affirm the district court’s dismissal of Taylor’s habeas petition. Also, because the documents that Taylor seeks to introduce into the record on appeal are not necessary to our disposition of this case, we deny Taylor’s motion to expand the record.

A petitioner with a state conviction that became final before, the effective date of AEDPA had until April 23,1997 to file a timely federal habeas petition. See Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999).…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.