Is the statute tolling of the limitations period for post-conviction applications?

MultiRegion, United States of America

The following excerpt is from Dumont v. Borders, No. 2:17-cv-1423 KJN P (E.D. Cal. 2018):

There is no statutory tolling of the limitations period "from the time a final decision is issued on direct state appeal [to] the time the first state collateral challenge is filed. . . ." Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999). But when a petitioner properly files a state post-conviction application, the limitations period is tolled and remains tolled for the entire time that application is "pending." 28 U.S.C. 2244(d)(2). "[A]n application is 'properly filed' when its delivery and acceptance are in compliance with the applicable laws and rules governing filings."

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