James Darryl Allen v. Gail Lewis, Warden

295 F.3d 1046, 2002 Daily Journal DAR 7860, 2002 Cal. Daily Op. Serv. 6267, 2002 U.S. App. LEXIS 14139, 2002 WL 1493326

Opinion

ORDER

The district court held that Allen’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 was filed sixteen days after the AEDPA one-year statute of limitations had expired. See 28 U.S.C. § 2244(d). After the panel opinion affirmed the district court, we decided Bunney v. Mitchell, 262 F.3d 973 (9th Cir.2001), where we held that the California Supreme Court’s denial of a petition for collateral relief does not become final until thirty days after the denial is issued. Id. at 974 (citing Rule 24 of the California Rules of Court). We so held after the California Supreme Court had declined to answer our certified question on this point. Id. (citing Bunney v. Mitchell, 249 F.3d 1188, 1188-89 (9th Cir.2001)). Under Bunney, which we now reaffirm, the petition in this case was timely. The judgment of the district court is therefore REVERSED and the matter REMANDED for consideration of the petition for habeas corpus.