Does the statute of limitations apply to a state habeas petition?
MultiRegion, United States of America
The following excerpt is from Steele v. Katavich, No. 2:15-cv-1836 TLN KJN P (E.D. Cal. 2016):
Here, petitioner appears to concede that he failed to exhaust his state court remedies, but he did not address the statute of limitations issue. Specifically, respondent argues that allowing petitioner to exhaust any unexhausted claim would be futile because the statute of limitations has run with regard to such unexhausted claims, citing see Jiminez v. Rice, 276 F.3d 478, 482 (9th Cir. 2001) (because petitioner filed his state habeas petition after the AEDPA statute of
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