United States Ninth Circuit

The one-year statute of limitations under the AEDPA is not equitably tolled from the date an unexhausted petition is filed to the date it is dismissed by the district court without prejudice.

Appellate Information

• Decided 12/03/2001
• Published 12/03/2001

Judges

• Before:  SCHROEDER, Chief Judge, WALLACE, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matthew C. Bradford,Downey, Brand, Seymour & Rohwer, LLP, Sacramento, California, for the petitioner-appellant.


• For Appellees:
  
• Gregory A. Ott, Office of the California Attorney General, San Francisco, California, for the respondent-appellee.