The following excerpt is from Holguin v. Sherman, Case No. 1:15-cv-00984 DAD MJS (HC) (E.D. Cal. 2016):
Petitioner waited until December 24, 2015 to file his first petition for writ of habeas corpus challenging the conviction. As the limitations period commenced on May 29, 2011, it expired a year later on May 29, 2012. As the year limitations period expired on May 29, 2012, the state habeas petition was filed over two years after the limitations period expired. State petitions filed after the expiration of the statute of limitations period shall have no tolling effect. Ferguson v. Palmateer, 321 F.3d 820 (9th Cir. 2003) ("section 2244(d) does not permit the reinitiation of the limitations period that has ended before the state petition was filed."). The present petition was filed on June 24, 2015, over three years after the expiration of the year statute of limitations period. The instant federal petition is untimely.
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