Fairweather

MEMORANDUM *

Robert James Fairweather pled guilty in a California state court to one count of first degree murder and was sentenced to life in prison without the possibility of parole. Roughly seven and one-half years after his conviction became final, Fair-weather filed this petition pursuant to 28 U.S.C. § 2254 . It was dismissed and he appeals.

The Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) creates a one-year statute of limitations in which a federal habeas corpus petition must be filed. 28 U.S.C. § 2244 (d)(1). After making findings with respect to the date Fairweather learned the factual predicate supporting his federal habeas corpus petition, as well as making findings regarding statutory tolling, the district court dismissed Fair-weather’s petition as untimely. The district court’s factual findings in this case were not clearly erroneous. The finding with respect to the date Fairweather learned the factual predicate underlying his federal habeas petition is supported by claims Fairweather made in his habeas petition.

Fairweather’s only claim of error with respect to the district court’s statutory tolling finding is precluded by our existing precedent.…