Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"?
MultiRegion, United States of America
The following excerpt is from Rosenblum v. Yates, No. CIV S-09-3302 JAM EFB P (E.D. Cal. 2011):
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). However, once a petitioner properly files a state post-conviction application the period is tolled, and remains tolled for the entire time that application is "pending." 28 U.S.C. 2244(d)(2).
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