Does a state petition for post-conviction relief that is Page 8 of the AEDPA statute of limitations have tolling?
MultiRegion, United States of America
The following excerpt is from Tschida v. Paramo, Case No.: 18-cv-00577-JLS-JLB (S.D. Cal. 2018):
Moreover, statutory tolling is not available if the first state habeas petition is filed after AEDPA's one-year limitations period has expired. See Jiminez v. Rice, 276 F. 3d 478, 482 (9th Cir. 2001). In other words, a state petition for post-conviction relief that is
Page 8
filed after AEDPA's one-year statute of limitations has expired does not reinitiate the limitations period. Ferguson v. Palmateer, 321 F.3d 820, 823 (9th Cir. 2003).
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