Seals v. Clark
Seals v. Clark
Opinion of the Court
MEMORANDUM
Jacob Otis Seals, a California state prisoner, appeals pro se the district court’s
Seals contends that his § 2254 petition was timely filed because the Antiterrorism and Effective Death Penalty Act’s (ADE-PA) one-year limitation period was tolled during the pendency of several preceding state habeas petitions. This contention is unpersuasive. Even according Seals the benefit of tollmg during the pendency of each of his state petitions filed withm the one-year limitations period, his § 2254 petition was still untimely.
The AEDPA’s limitation period began to run when Seals’ state conviction became final on May 14, 1996. See 28 U.S.C. § 2244(d)(1)(A); Bowen v. Roe, 188 F.3d 1157, 1158-59 (9th Cir. 1999). The AEDPA limitations period was tolled during the pendency of his properly filed applications for state post-conviction relief. 28 U.S.C. § 2244(d)(2); Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999). Accordingly, the limitation period was tolled during the pendency of Seals’ petitions, the first of which was filed on August 19, 1996,
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the
. See Anthony v. Cambra, 236 F.3d 568, 575 (9th Cir. 2000), cert. denied, 533 U.S. 941, 121 S.Ct. 2576, 150 L.Ed.2d 739 (2001) (holding that prison "mailbox rule” applies to state as well as federal habeas petitions).
Reference
- Full Case Name
- Jacob Otis SEALS v. Linda CLARK, Warden Attorney General of the State of California
- Status
- Published