Antonio Orpiada v. E. McDaniel

OPINION

McKEOWN, Circuit Judge:

This case raises the familiar question of whether a prisoner timely filed a petition for a writ of habeas corpus in federal court. For Antonio Orpiada, an inmate in Nevada State prison, the answer hinges on whether the prison mailbox rule applies to the filing of his state habeas corpus petition for the purpose of triggering statutory tolling of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) limitations period. See 28 U.S.C. § 2244(d)(2) (1996). If the mailbox rale does apply, as Orpiada asserts, his state petition is deemed filed on the date he…