What is the statute of limitations for a claim under Section 2244(d)(2) of the Criminal Code when there is a state application for post-conviction collateral relief pending before a federal judge?

MultiRegion, United States of America

The following excerpt is from Willis v. Gastelo, Case No.: 18-CV-01456-GPC (JLB) (S.D. Cal. 2019):

The statute of limitations is tolled under 2244(d)(2) when a state petitioner has a "properly filed" post-conviction application for collateral relief pending before a state court. The statute of limitations is not tolled between the time the statute would ordinarily run under 2244(d)(1) and the time a state collateral challenge is filed, nor is it tolled in the period after state collateral challenges are final and before federal habeas proceedings begin. See Roy v. Lampert, 465 F.3d 964, 968 (9th Cir. 2006).

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