What is the tolling period for filing a federal habeas petition?
MultiRegion, United States of America
The following excerpt is from Gitre v. Koenig, 20-cv-2272-AJB-AGS (S.D. Cal. 2021):
The one-year period for filing federal habeas petitions is tolled during any timely, properly filed state post-conviction proceedings. See 28 U.S.C. 2244(d)(2). Thus, Gitre's first state petition tolled his federal filing deadline for the 42 days it was pending from May 15 to June 26, 2019. See Carey v. Saffold, 536 U.S. 214, 216-17 (2002).
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