Does the statute of limitations run from the time a final decision on direct appeal is issued to the time the first collateral challenge is filed?

MultiRegion, United States of America

The following excerpt is from Mainez v. Gore, Case No.: 17cv397-JLS(KSC) (S.D. Cal. 2018):

"The statute of limitations is not tolled 'from the time a final decision is issued on direct state appeal [to] the time the first state collateral challenge is filed.' [Citation omitted.]" Roy v. Lampert, 465 F.3d 964, 968 (9th Cir. 2006). This time is not tolled, because no application for "other collateral review" is "pending." See 28 U.S.C. 2244(d)(2). Here, after the judgment of conviction became final in petitioner's direct appeal on December 11, 2014, the limitations period began to run the next day, December 12, 2015. The limitations period ran for a total of 173 days until petitioner filed a habeas petition in the state trial court on June 3, 2015. [Doc. No. 14-19, at p. 1.]

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