PHONGMANIVAN v. HAYNES SCCC (2020)

United States Court of Appeals, Ninth Circuit.

Phonsavanh PHONGMANIVAN, Petitioner-Appellant, v. Ron HAYNES, SCCC Superintendent,* Respondent-Appellee.

No. 16-36018

Decided: April 09, 2020

Before: IKUTA and CHRISTEN, Circuit Judges, and CHOE-GROVES,*** Judge.

Ann Wagner, Staff Attorney, FPDWA - Federal Public Defender's Office, Western District of Washington, Seattle, WA, for Petitioner - Appellant Alex Kostin, Assistant Attorney General, AGWA - Office of the Washington Attorney General, Corrections Division, Olympia, WA, for Respondent - Appellee

MEMORANDUM ****

Phonsavanh Phongmanivan appeals the dismissal of his petition for habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we reverse and remand.

The district court erred in dismissing Phongmanivan's habeas petition as barred by the one-year limitations period in the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2244(d)(1). The limitations period was tolled when Phongmanivan filed a personal restraint petition with the Washington Court of Appeals on February 4, 2015, see § 2244(d)(2), and the tolling ended when the Washington Court of Appeals issued a certificate of finality on April 1, 2016, see Phongmanivan v. Haynes, 458 P.3d 767, 771 (Wash. 2020). Thus, Phongmanivan timely filed his habeas petition on April 9, 2016. See Phongmanivan v. Haynes, 918 F.3d 1021, 1023–24 (9th Cir. 2019).

REVERSED AND REMANDED.

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