Can a state habeas petition be tolled?

MultiRegion, United States of America

The following excerpt is from Hinojosa v. Anglea, No. 2:18-cv-1616-TLN-EFB P (E.D. Cal. 2019):

All of petitioner's state habeas petitions were filed in 2017 or later, well outside the federal limitations period. State petitions filed after the expiration of the federal limitations period cannot toll the limitations period. Ferguson v. Palmateer, 321 F.3d 820, 823 (9th Cir. 2003). Thus, this case presents no grounds for statutory tolling.

Petitioner advances no equitable grounds under which this court could consider his untimely petition.

Accordingly, the petition must be dismissed.

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