Does the statute of limitations under the AEDPA apply during the time between the date that a judgment becomes final and the date on which the petitioner files his first state collateral challenge?

MultiRegion, United States of America

The following excerpt is from Napier v. Swarthout, No. 2:13-cv-00615 GEB DAD P (E.D. Cal. 2015):

With respect to statutory tolling under 28 U.S.C. 2244(d)(2), the AEDPA statute of limitations is not tolled during the interval between the date on which a judgment becomes final and the date on which the petitioner files his first state collateral challenge because there is no case "pending" during that interval. Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999). Once a petitioner commences state collateral proceedings, a state habeas petition is "pending" during one full round of review in the state courts, including the time between a lower court decision and the filing of a new petition in a higher court, as long as the intervals between the filing of those petitions are "reasonable." Carey v. Saffold, 536 U.S. 214, 222-24 (2002).

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