What is the effect of a state petition filed after the expiration of the statute of limitations period?

MultiRegion, United States of America

The following excerpt is from Souza v. Diaz, 1:12-cv-01745 MJS HC (E.D. Cal. 2013):

As stated above, the statute of limitations period began on December 27, 2009, and expired a year later. Petitioner failed to file any post-conviction collateral actions until January 24, 2011, nearly a month after the statute of limitations period expired. State petitions filed after the expiration of the statute of limitations period shall have no tolling effect. Ferguson v. Palmateer, 321 F.3d 820 (9th Cir. 2003) ("section 2244(d) does not permit the reinitiation of the limitations period that has ended before the state petition was filed.").

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