Does a state court habeas petition pursuant to section 2244(d)(2) toll the running of the AEDPA statute of limitations?

MultiRegion, United States of America

The following excerpt is from Mackrill v. Chappell, No. 2:12-cv-3071 WBS CKD P (E.D. Cal. 2013):

In addition, all three state petitions were filed after the one-year statutory limitations period ended on November 1, 2000. The tolling provision of section 2244(d)(2) can only pause a clock not yet fully run; it cannot "revive" the limitations period once it has run (i.e., restart the clock to zero). Thus, a state court habeas petition filed beyond the expiration of AEDPA's statute of limitations does not toll the limitations period under section 2244(d)(2). See Ferguson v.

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Palmateer, 321 F.3d 820, 823 (9th Cir. 2003); Jiminez v. Rice, 276 F.3d 478, 482 (9th Cir. 2001). Accordingly, petitioner's three state habeas petitions, all of which were filed after the AEDPA deadline, cannot toll the running of the already-run statute.

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