Does the statute of limitations apply to a federal habeas petition?

MultiRegion, United States of America

The following excerpt is from Nguyen v. Virga, No. 2:11-cv-2404 TLN KJN P (E.D. Cal. 2013):

However, as to petitioner's proposed jury verdict form claim, the new claim would not be timely, whether filed now or after petitioner returned to state court to exhaust remedies as to this new claim. Petitioner filed no collateral challenges in state court to toll the statute of limitations period. Thus, the limitations period expired on February 16, 2012. The filing of a federal habeas petition does not stop the statute of limitations period from running. See Duncan v. Walker, 533 U.S. 167, 182 (2001) (AEDPA statute of limitations is not tolled "during the pendency of [a] . . . federal habeas petition.")

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