Provencio

MEMORANDUM ***

California state prisoner Karen Diane Provencio appeals from the district court’s denial of her habeas petition as time-barred under 28 U.S.C. § 2244 (d)(1). We affirm.

Provencio first argues that AEDPA’s limitations period should have been tolled for the ninety-day period during which she could have filed a petition for a writ of certiorari in the United States Supreme Court. This argument is foreclosed by the Supreme Court’s recent decision in Lawrence v. Florida, — U.S. -, 127 S.Ct. 1079 , 166 L.Ed.2d 924 (2007). In that ease, the Court held that AEDPA’s limitations period is statutorily tolled “only while state courts review [a petitioner’s] application [for post-conviction relief].” See id. at 1083 (emphasis added). Because “[a petition for certiorari before the Supreme Court] is not a part of a ‘State’s post-conviction procedures,’ ” § 2244(d)(2) does not toll AEDPA’s limitations period during the pendency of such a petition. See id. (quoting 28 U.S.C. § 2244 (d)(2)).

*744 Alternatively, Provencio argues that she is entitled to equitable tolling because at the time she filed her federal petition, there was a “lack of clarity” in the law as to whether…