Sullivan

MEMORANDUM *

Carl Sullivan appeals the district court’s order dismissing his 28 U.S.C. § 2254 petition for writ of habeas corpus as time-barred and concluding that he is not entitled to statutory or equitable tolling. We *575 have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm in part, vacate in part, and remand for plenary consideration of the application of equitable tolling.

We review de novo the denial of a petition for writ of habeas corpus for failure to meet the requirements of the Anti-Terrorism and Effective Death Penalty Act of 1996 statute of limitations. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999).

As to Sullivan’s statutory tolling argument, we affirm. The United States Supreme Court has held that an untimely filed state petition will not be given the statutory tolling benefit under § 2244(d)(2). Pace v. DiGuglielmo, 544 U.S. 408, 417 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005) (holding that “time limits, no matter their form, are ‘filing’ conditions” and thus a determination that a state habeas petition is untimely means that “it was not ‘properly filed,’ and [the petitioner] is not entitled to statutory tolling under § 2244(d)(2)”). Because the…