Richard Dale Peterson v. James A. Gammon, and Jeremiah (Jay) Nixon

RICHARD S. ARNOLD, Circuit Judge.

Richard Peterson appeals from the District Court’s dismissal of his petition for writ of habeas corpus as untimely. The petitioner argues that the District Court failed to apply correctly the one-year limitation period of the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2244(d), when computing his filing deadline. This statute provides a one-year grace period for filing a petition for writ of habeas corpus. This period of limitations is tolled while properly filed state-court post-conviction proceedings are “pending.” We hold that such…