What is the statute tolling of the limitations period for applying for a new collateral challenge?

MultiRegion, United States of America

The following excerpt is from Jones v. Diaz, No. 2:11-cv-1659 MCE EFB P (E.D. Cal. 2012):

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). "[A]n application is 'properly filed' when its delivery and acceptance are in compliance with the applicable laws and rules governing filings." Artuz v. Bennett, 531 U.S. 4, 8 (2000). In California, a properly filed post-conviction application is "pending" during the intervals between a lower court decision and filing a new petition in a

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