Meadows

Meadows v. Jacquez

Good Law
242 F. App'x 453
United States Court of Appeals for the Ninth CircuitJune 26, 2007No. 05-56187California780 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Michann D. Meadows (“Meadows”) appeals the district court’s order denying her 28 U.S.C. § 2254 habeas corpus petition challenging her 1994 conviction, following a no-contest plea, for second-degree murder. The district court dismissed the habeas petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). For the following reasons, we affirm.

The Antiterrorism and Effective Death Penalty Act (AEDPA) established a 1-year limitations period from the date the judgment of conviction became final for filing a petition for writ of habeas corpus in feder *455 al court. 28 U.S.C. § 2244 (d)(1)(A). For persons such as Meadows, whose conviction became final prior to the enactment of AEDPA in April 1996, the limitations period did not begin to run until the date of enactment of the statute. See Calderon v. U.S. Dist. Ct. (Beeler), 128 F.3d 1283, 1286 (9th Cir.1997), overruled in part on other grounds by Calderon v. U.S. Dist. Ct. (Kelly), 163 F.3d 530, 535 (9th Cir.1998) (en banc). Unless Meadows was entitled to tolling of the limitations period, she was required to file her habeas petition in federal court by April 24, 1997. It is…

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