Brown

*16 MEMORANDUM *

Robert Lee Brown (“Brown”), convicted in Nevada state court of several counts of sexual assault, appeals the district court’s order dismissing his federal habeas petition, filed pursuant to 28 U.S.C. § 2254 , as untimely under the Antiterrorism and Effective Death Penalty Act (“AEDPA”). He argues that he is entitled to equitable tolling of the AEDPA statute of limitations for two different periods — the period in which he was attempting to pursue his direct appeal in state court, and the period during which his untimely state post-conviction petition was pending. We have jurisdiction under 28 U.S.C. § 2253 . We agree that Brown is entitled to equitable tolling and therefore reverse and remand for further proceedings.

AEDPA imposes a one-year statute of limitations on the filing of a § 2254 habeas petition:

28 U.S.C. § 2244 (d)(1).

Brown’s conviction became final on August 18, 2002. He filed his federal habeas petition on September 15, 2004. Therefore, without the benefit of tolling, Brown would be barred from seeking federal habeas relief by AEDPA’s statute of limitations.

Certain events statutorily toll the AED-PA clock. See 28 U.S.C. § 2244 (d)(2) (the…