Does the statute of limitations begin running on the date on which the factual predicate of petitioner's claim could have been discovered through the exercise of due diligence?

In this case, the statute of limitations began to run on the date on which the factual predicate of petitioner's claim could have been discovered through the exercise of due diligence. See 28 U.S.C. 2244(d)(1)(A). Where a petitioner challenges the result of a prison disciplinary decision, the statute of limitations begins running the day after his administrative appeal is denied. Shelby v. Bartlett, 391 F.3d 1061, 1065-66 (9th Cir. 2004). The one-year limitations period in this case therefore began running on May 22, 2007, the day after petitioner's administrative appeal was denied at the director's level. Thus, petitioner had until May 22, 2008 to file his federal habeas petition. However, he did not file the instant petition until November 30, 2009. Absent tolling, his application in this court is more than a year late.