Prince v. Hickman
Prince v. Hickman
Opinion of the Court
MEMORANDUM
California state prisoner Derrick Lament Prince appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition on statute of limitations grounds. We have jurisdiction under 28 U.S.C. § 2253, review de novo, Patterson v. Stewart, 251 F.3d 1243,1245 (9th Cir. 2001), and reverse and remand.
Prince contends that his section 2254 petition is timely under Nino v. Galaza, 183 F.3d 1003 (9th Cir. 1999), cert, denied, 529 U.S. 1104, 120 S.Ct. 1846, 146 L.Ed.2d 787 (2000).
Prince’s convictions became final prior to the enactment of the AEDPA, there
Accordingly, as the government concedes, Prince’s federal petition filed on March 4,1998, is timely.
REVERSED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.