Opinion
No. 06-56447.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 2, 2008.
Arthur H. Weed, Santa Barbara, CA, for Petitioner-Appellant.
Bilal Ahdom, Delano, CA, pro se.
Kristine A. Gutierrez, Esq., AGCA — Office of the California Attorney General, San Diego, CA, for Respondent-Appellee.
Appeal from the United States District Court for the Central District of California, Stephen V. Wilson, District Judge, Presiding. D.C. No. CV-05-00863-SVW.
Before: REINHARDT, LEAVY, and CLIFTON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California state prisoner Bilal Ahdom appeals from the district court's order dismissing his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Ahdom contends he is entitled to statutory tolling of the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations pursuant to 28 U.S.C. § 2244(d)(2). However, because the five-month delay between the filing of Ahdom's first and second state post-conviction petitions, and the five-month delay between the filing of Ahdom's second and third state post-conviction petitions, were each unreasonable, we conclude that he is not entitled to statutory tolling for these periods. See Evans v. Chavis, 546 U.S. 189, 200-01, 126 S.Ct. 846, 163 L.Ed.2d 684 (2006).