United States Ninth Circuit

Where the filing deadline for a habeas petition was statutorily tolled under 28 U.S.C. section 2244(d) until 18 days after petitioner filed his fully exhausted petition, the petition was timely. A determination of timeliness under the statute is a necessary predicate to the question whether equitable tolling should be applied to the filing.

Appellate Information

• Decided 12/04/2002
• Published 12/04/2002

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles Roger Jorss, Pro Se, Ione, CA, for the petitioner-appellant.


• For Appellees:
  
• Ross C. Moody, Deputy Attorney General, Office of the Attorney General of the State of California, San Francisco, CA, for the respondent-appellee.