James Darryl Allen v. Gail Lewis, Warden
Court of Appeals for the Ninth Circuit
1Per curiam
James Allen was convicted in state court of robbery in violation of California law. His conviction became final on December 10, 1996. He filed a state habeas petition on October 30, 1997, which was denied on November 24, 1998. He filed his federal habeas petition pro se on January 20, 1999, which the district court dismissed as untimely, and Allen appeals.
I
Allen’s federal habeas petition was due within one year from the time his state conviction became final. 28 U.S.C. § 2244(d)(1). Yet, the district court found that 771 days-over two years-elapsed between the date his conviction became…
2Cases cited10 opinions
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