Is the statute of limitations tolled from the time of a final decision on direct state appeal and the time the first state collateral challenge is filed?

MultiRegion, United States of America

The following excerpt is from Diaz v. Borders, Case No.: 20cv825-BAS-LL (S.D. Cal. 2021):

However, the statute of limitations is not tolled "from the time a final decision is issued on direct state appeal and the time the first state collateral challenge is filed because there is no case 'pending' during that interval." Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999), implicitly overruled on other grounds as recognized by Nedds v. Calderon, 678 F.3d 777, 781 (9th Cir. 2012). Additionally, the statute of limitations is not tolled after state habeas proceedings are final and before federal habeas proceedings are initiated. Roy v. Lampert, 465 F.3d 964, 968 (9th Cir. 2006).

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