Rodriguez

*747 MEMORANDUM **

Omero Becerra Rodriguez appeals the dismissal of his habeas corpus petition as time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2241 et seq. There is no dispute that his petition was untimely under 28 U.S.C. § 2244 (d)(1). At issue is whether Rodriguez is entitled to equitable tolling based on his counsel’s failure to notify him of the conclusion of his direct appeal in California state court.

Rodriguez filed his federal habeas petition approximately four months after the one-year deadline under AEDPA. 1 He argues that equitable tolling is appropriate in his case because his appellate counsel promised in writing to notify him of any actions taken by the court, yet counsel failed to contact him following the California Supreme Court’s denial of his petition for review on June 11, 2003. Rodriguez claims he did not learn the status of his ease until December 14, 2004, when he received a case printout from the California Supreme Court in response to his November 26, 2004 letter. In his letter to the state court, Rodriguez notes that he had attempted to contact his lawyer in writing and by phone concerning the…