Legal Opinion
Mark v. Mueller
Court of Appeals for the Ninth Circuit
Decided December 5, 2002No. 00-16321; D.C. No. C 99-20246-JW (PR)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
California state prisoner Marvin E. Mark, Jr. appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm in part and vacate and remand in part.
Mark’s conviction became final on February 24, 1997. See Mark v. California, 519 U.S. 1152, 117 S.Ct. 1089, 137 L.Ed.2d 223 (1997). His state habeas petition was pending from September 23, 1997, see Smith v. Duncan, 297 F.3d 809, 815 (9th Cir.2002) (applying the prison mailbox rule…
2Cases cited13 opinions
- Bousley v. United StatesSupreme Court of the United States · 1998
- Artuz v. BennettSupreme Court of the United States · 2000
- Todd Hiivala v. Tana WoodCourt of Appeals for the Ninth Circuit · 1999
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
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3Cited by2 opinions
- Lee v. LampertCourt of Appeals for the Ninth Circuit · 2010
- Lee v. LampertCourt of Appeals for the Ninth Circuit · 2010