Gaston v. Palmer

In Gaston v. Palmer, 417 F.3d 1030 (9th Cir. 2005), we held that habeas petitioner Anthony Gaston had timely filed in federal district court. In so holding, we concluded that he was entitled to "gap" or "interval" tolling for the periods between his applications for habeas corpus in state court, and that he therefore filed within the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act ("AEDPA") (2000). 28 U.S.C. § 2244(d)(1). The gaps between Gastons relevant filings in state court were as follows: