What is the applicable statute of limitations for a prisoner seeking state post-conviction relief?

MultiRegion, United States of America

The following excerpt is from Grant v. Swarthout, 862 F.3d 914 (9th Cir. 2017):

Id. Here, the applicable period commenced as provided in paragraph (A). The statutory period is tolled ("statutory tolling") while the prisoner pursues state postconviction relief. Specifically, the one-year statute of limitations is statutorily tolled from the time a state collateral challenge is filed until the state postconviction proceedings are final. See Roy v. Lampert , 465 F.3d 964, 968 (9th Cir. 2006). The statute of limitations is not tolled, however, "from the time a final decision is issued on direct state appeal [to] the time the first state collateral challenge is filed." Id. (alteration in original) (citation omitted).

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