United States Ninth Circuit

The district court's denial of a habeas corpus petition is affirmed, where: 1) petitioner was not entitled to statutory tolling for the 100-day gap between the denial by the California Court of Appeal of petitioner's habeas petition and the filing of his petition in the California Supreme Court because there was no “properly filed” petition pending in state court during that time, and because the delay was unreasonable; 2) petitioner failed to pass through the actual innocence gateway; and 3) the district court properly denied an evidentiary hearing. (Amended opinion)

Appellate Information

• Decided 05/01/2014
• Published 05/01/2014

Judges

• ZIPPS

Court

• United States Ninth Circuit

Counsel