Legal Opinion
Gomez v. Castro
Court of Appeals for the Ninth Circuit
Decided September 17, 2002No. 01-55975; D.C. No. CV-00-08804-FMC CR-B112790PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM**
Aramis Gomez appeals pro se the district court’s dismissal as untimely, his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2254. We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.
Gomez contends, based on the prison mailbox rule and equitable tolling, that the Antiterrorism and Effective Death Penalty Act’s statute of limitations period was tolled on February 24, 1999, when he mailed his state habeas petition to his mother for her to forward to the court. We disagree. Because Gomez mailed…
2Cases cited4 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's FacilityCourt of Appeals for the Ninth Circuit · 2001
- Robert Dale Gray v. Samuel A. LewisCourt of Appeals for the Ninth Circuit · 1989
3Cited by2 opinions
- Holmes v. SpencerCourt of Appeals for the First Circuit · 2012
- Holmes v. SpencerCourt of Appeals for the First Circuit · 2012