United States Ninth Circuit

District court's decision denying defendant the benefit of statutory tolling and his petition for relief is affirmed; defendant had no application for post-conviction relief "pending" during the four and a half year gap between defendant's two state habeas petitions.

Appellate Information

• Decided 12/05/2003
• Published 12/05/2003

Judges

• Before SCHROEDER, Chief Judge, and PREGERSON, KOZINSKI, O'SCANNLAIN, TROTT, THOMAS, SILVERMAN, WARDLAW, PAEZ, TALLMAN, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David M. Porter, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Janis Shank McLean, Deputy Attorney General, Sacramento, CA, for the respondent-appellee., Stan Cross, Supervising Deputy Attorney General, Sacramento, CA, for the respondent-appellee.