United States Ninth Circuit

The district court's dismissal of an untimely habeas corpus petition is affirmed, where: 1) because Nevada has rejected the prison mailbox rule for the filing of state habeas corpus petitions, the state petition was not "properly filed"; and 2) petitioner was not entitled to tolling until the date that the state district court filed the pro se state habeas petition, not the day that petitioner delivered the petition to prison officials for mailing, which was three days late, and therefore the petition is time barred.

Appellate Information

• Decided 05/07/2014
• Published 05/07/2014

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel