Jones

Jones v. Schriro

Good Law
264 F. App'x 623
United States Court of Appeals for the Ninth CircuitJanuary 18, 2008No. 06-16961California410 words

Opinion

lead Opinion

MEMORANDUM **

Jericho Lee Jones, an Arizona state prisoner, appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo the district court’s dismissal of a petition for habeas corpus as untimely, see Bryant v. Schriro, 499 F.3d 1056, 1059 (9th Cir.2007), and we affirm.

The trial court dismissed Jones’s Arizona Rule of Criminal Procedure 32 petition on October 18, 2002. Arizona law entitled Jones to file a petition for review in the state court of appeals within thirty days. Ariz. R. Crim. P. 32.9(c). Because Jones did not file a timely petition for review, his conviction became final on November 18, 2002. See Summers v. Schriro, 481 F.3d 710, 711 (9th Cir.2007) (“Because a Rule 32 of-right proceeding is a form of direct review, AEDPA’s one-year statute of limitations does not begin to run until the conclusion of the Rule 32 of-right proceeding and review of that proceeding, or until the expiration of the time for seeking such proceeding or review.”). Accordingly, Jones had until November 19, 2003, to file a section 2254 petition. 28 U.S.C. § 2244 (d)(1)(A);…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.