Steven Fue v. Martin Biter

Opinion by Judge RAWLINSON; Dissent.by Judge BYBEE.

OPINION

RAWLINSON, Circuit Judge:

California state prisoner Steven Pelesa-sa Fue (Fue) appeals the district court’s dismissal, as untimely, of his petition for a writ of habeas corpus, filed pursuant to the Antiterrorism and Effective Death Penalty Act (the Act), 28 U.S.C. § 2254. Fue contends that he is entitled to equitable tolling because the state court never notified him that it had denied his state-habeas petition. The district court held that Fue was not entitled to equitable tolling because he did not act diligently in waiting fourteen…