Does the statute of limitations run while a properly filed state habeas corpus petition is pending?

MultiRegion, United States of America

The following excerpt is from Al Hodges v. California, Case No.: 3:21-cv-00794-LAB-AHG (S.D. Cal. 2021):

The statute of limitations does not run while a properly filed state habeas corpus petition is pending. 28 U.S.C. 2244(d)(2); see Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999). But see Artuz v. Bennett, 531 U.S. 4, 8 (2000) (holding that "an application is 'properly filed' when its delivery and acceptance [by the appropriate court officer for placement into the record] are in compliance with the applicable laws and rules governing

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filings."). However, absent some other basis for tolling, the statute of limitations does run while a federal habeas petition is pending. Duncan v. Walker, 533 U.S. 167, 181-82 (2001).

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