Johnny Jones, III v. Timothy Filson

MEMORANDUM **

Nevada state prisoner Johnny Lee Jones III appeals pro se from the district court’s order dismissing his petition under 28 U.S.C. § 2254 as untimely. We have jurisdiction under 28 U.S.C. § 2253, and we vacate and remand for further proceedings on equitable tolling.

Jones first contends that his petition is timely under 28 U.S.C. § 2244(d)(1) because his trial counsel’s failure to pursue a direct appeal deferred the' commencement of the one-year limitations period under the Antiterrorism and Effective Death Penalty Act (“AEDPA”). Our decision in Randle v. Crawford, 604 F.3d 1047…