Adams v. LeMaster

BRORBY, Circuit Judge.

This appeal involves the proper application of the tolling provision of the one-year statute of limitations for habeas corpus petitions under the Antiterrorism and Effective Death Penalty Act of 1996. Specifically, we must determine if the prison mailbox rule, as articulated in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 246 (1988), applies to prisoners requesting state post-conviction relief in New Mexico. We hold the rule does not apply, and affirm the dismissal of this ha-beas corpus petition as time-barred.

BACKGROUND

This habeas petition is before us a…