The following excerpt is from Mainez v. Gore, Case No.: 17cv397-JLS(KSC) (S.D. Cal. 2018):
"The statute of limitations is not tolled 'from the time a final decision is issued on direct state appeal [to] the time the first state collateral challenge is filed.' [Citation omitted.]" Roy v. Lampert, 465 F.3d 964, 968 (9th Cir. 2006). This time is not tolled, because no application for "other collateral review" is "pending." See 28 U.S.C. 2244(d)(2). Here, after the judgment of conviction became final in petitioner's direct appeal on December 11, 2014, the limitations period began to run the next day, December 12, 2015. The limitations period ran for a total of 173 days until petitioner filed a habeas petition in the state trial court on June 3, 2015. [Doc. No. 14-19, at p. 1.]
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.