Ruiz

MEMORANDUM ***

Robert Anthony Ruiz appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition. The district court dismissed the petition as untimely because Ruiz did not file it within the one-year statute of limitations provided by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Although Ruiz had filed three state post-conviction relief petitions, the district court held that *196 the second and third petitions were not “properly filed” and thus did not toll the running of the limitations period under 28 U.S.C. § 2244 (d)(2). Ruiz contends that his second and third state post-conviction petitions were “properly filed” in state court and therefore should have tolled the running of the limitations period. In the alternative, Ruiz contends that he is entitled to equitable tolling. We vacate the district court’s dismissal and remand to allow the district court to consider his arguments for equitable tolling.

I.

The district court correctly concluded that Ruiz’s second and third petitions for post-conviction relief did not toll the statute of limitations under 28 U.S.C. § 2244 (d)(2) because they were not “properly filed.” 1 “Properly…