What is the statute of limitations for filing a state habeas petition after a direct appeal has been denied?

^3. Although the proper filing of a timely state habeas petition after a state court denies a direct appeal tolls the federal statute of limitations, see Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999), the filing of a state habeas petition after the federal statute of limitations has expired does not toll the statute of limitations.

^4. Although petitioner did not advance an argument for timeliness under 2244(d)(1)(D), he submitted declarations described as "newly discovered evidence" with his petition. ECF No. 1 at 6. Even if petitioner were to argue that his petition is timely under 2244(d)(1)(D) because the "factual predicate" of his habeas claims could not have been discovered through the exercise of due diligence until years after his conviction, his argument would fail. The declarations from eight different individuals were signed and dated between September 2016 and September 2017. See id. at 11-36. Four of the individuals declared that the victim told them that he was unsure who had shot him on the day of the incident, id. at 11-23, and the other four individuals declared that petitioner was present with them at a social gathering on the day of incident, id. at 30-36. All this information was either discoverable at the time of trial or at the very latest before September 2017. Petitioner cannot show that he filed his state habeas petition, much less his federal petition, within one year of the discovery of the factual predicates of his claims, as required by 2244(d)(1)(D). See Hasan v. Galaza, 254 F.3d 1150, 1154 (9th Cir. 2001).