Valentino Maghee v. John Ault, Warden

BENTON, Circuit Judge.

In 1994, Valentino Maghee pleaded guilty to credit-card fraud in state court. He later applied for post-conviction relief (PCR) there. On May 9, 2003, he filed a habeas corpus petition, which the district court 1 dismissed as time-barred. Maghee appeals, arguing that the state PCR case is still pending, or alternatively, that the one-year statute of limitations has been tolled. See 28 U.S.C. § 2244(d)(1)- Jurisdiction being proper under 28 U.S.C. § 2253(c), this court, reviews de novo the district court’s interpretation of the law, See Snow v. Ault, 238 F.3d 1033, 1034…