Tindel v. Chrones
Tindel v. Chrones
Opinion of the Court
MEMORANDUM
Petitioner Bradley Tindel appeals the district court’s dismissal of his habeas petition with prejudice on timeliness grounds. We review the district court’s dismissal of a habeas petition on statute of limitations grounds de novo. See Malcom v. Payne, 281 F.3d 951, 955-56 (9th Cir. 2002). We affirm.
The question presented is whether the motion Tindel filed in the Los Angeles County Superior Court seeking production of transcripts and police reports tolled the statute of limitations pursuant to 28 U.S.C. § 2244(d)(2). We hold that it did not.
Since Tindel’s motion, filed in April 2003, is not a properly filed application for state post-conviction or other collateral review of the pertinent judgment or claim, he is not entitled to tolling. The limitations period expired on July 22, 2003, and he did not file his first “properly filed application” in state court until August 24, 2003. See Jiminez v. Rice, 276 F.3d 478, 482 (9th Cir. 2001) (holding that application for state post-conviction relief did not toll statute of limitations when filed after limitations period had expired).
For these reasons, the district court judgment is
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
. Tindel raises an uncertified question concerning equitable tolling. We do not reach it.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.