The following excerpt is from Frazier v. Wofford, No. 2:15-cv-1061 CKD P (E.D. Cal. 2016):
1. Normally this action would be deemed commenced for statute of limitations purposes on the day petitioner gave his habeas petition to prison officials for mailing. Houston v. Lack, 487 U.S. 266, 270 (1988). However, there is no indication in petitioner's habeas petition, such as a certificate of service, as to when that occurred. In any case, a finding by this court that petitioner commenced this action a few days before May, 15, 2015 would not change the outcome of the court's conclusion regarding respondent's motion.
2. Respondent also points to evidence indicating petitioner pursued collateral relief before the conclusion of direct review. However, since these actions were terminated prior to the conclusion of direct review, they do not operate to toll the applicable limitations period. Waldrip v. Hall, 548 F.3d 729, 735 (9th Cir. 2008).
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