Steven Giles v. Gary Beckstrom

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

In this federal habeas case, we are asked to determine when the one-year statute of limitations for filing a petition under 28 U.S.C. § 2244(d)(1)(A) began to run against petitioner Steven Bradley Giles, a Kentucky state prisoner. If Kentucky Rule of Civil Procedure 76.30 controls the calculation, Giles’s federal habeas petition was timely filed. But the district court interpreted United States Supreme Court Rule 13 as controlling the dispute and dismissed the petition as untimely.

Ordinarily, the one-year calculation would not present a problem.…