Saffold V. Carey

The Supreme Court having vacated the opinion of this court in Saffold v. Newland, 250 F.3d 1262 (9th Cir. 2001), and remanded, we must decide whether the California Supreme Court's order denying Appellant's habeas corpus petition both "on the merits and for lack of diligence" means that his petition before that court was untimely and therefore ineligible for tolling with respect to the one-year statute of limitations for state prisoners seeking habeas relief in federal court.