Federal Trade Commission v. Garvey

Arizona state prisoner Bradford K. Isley appeals the district courts dismissal as untimely of his 28 U.S.C. § 2244 petition for writ of habeas corpus. Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), state prisoners must file any petition for federal post-conviction relief within one year of the date that the state court judgment against them became final. 28 U.S.C. § 2244(d)(1)(A). The AEDPA one year limitation period is tolled so long as "a properly filed application for State post-conviction or other collateral review" is "pending." 28 U.S.C. § 2244(d)(2).