Brooks

MEMORANDUM **

Washington state prisoner Carl A. Brooks, who in 1978 pleaded guilty in Washington state court to rape, kidnaping, assault, robbery, burglary, and second degree murder, appeals the district court’s dismissal of his federal habeas corpus petition as barred by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) statute of limitations. See 28 U.S.C. §§ 2244 (d) & 2254. Brooks argues that his petition was timely because the applicable statute of limitations commenced immediately after the Indeterminate Sentencing Review Board (“ISRB”) denied Brooks’s claim for relief on December 31, 2002. Brooks argues in the alternative that equitable tolling should apply to his claim. We find both claims without merit, and affirm.

We reject Brooks’s assertion that he is entitled to statutory tolling. The time in which properly to file Brooks’s habeas petition did not commence in 2002, but earlier. What Brooks complains of in his federal habeas petition are the ISRB’s 1978 fixing and 1987 refixing of his sentences, not the ISRB’s 2002 letter to Brooks denying relief. See 28 U.S.C. § 2244 (d)(1)(D). Grounds 12-17 of Brooks’s habeas petition claim that the ISRB violated…