Thorson v. Palmer

Richard Thorson appeals the district courts dismissal of his federal habeas corpus petition, brought pursuant to 28 U.S.C. § 2254, as time-barred. We have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, Brambles v. Duncan, 412 F.3d 1066, 1069 (9th Cir. 2005), we affirm. We conclude that, because the California Supreme Court denied Thorsons state habeas petition as untimely, Thorson was not entitled to tolling while his untimely petition was pending in state court. Without that tolling, Thorsons federal habeas corpus petition fell outside the one-year limitation period for a state prisoner filing a federal habeas corpus petition.