Opinion
No. 07-35455.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 23, 2009.
Mary C. Geddes, Esq., Fpdak-Federal Public Defender's Office, Anchorage, AK, for Petitioner-Appellant.
Douglas H. Kossler, Esq., State of Alaska Office of Special Prosecutions Appeals, Diane L. Wendlandt, Esq., Agak-Office of the Alaska Attorney General (Anchorage) Special Prosecutions Appeals Division, Anchorage, AK, for Respondent-Appellee.
Appeal from the United States District Court for the District of Alaska, Timothy M. Burgess, District Judge, Presiding. D.C. No. CV-06-00093-TMB.
Before: SCHROEDER, THOMAS, and WARDLAW, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Alaska state prisoner Eric Jay Holden appeals from the district court's judgment dismissing his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Holden contends that his federal petition was timely because Alaska's postconviction procedures for reviewing ineffective assistance of counsel claims are in effect a form of "direct review," see 28 U.S.C. § 2244(d)(1)(A), and therefore the one-year limitations period should not have commenced until the conclusion of those proceedings. This contention lacks merit. See, e.g., Ferguson v. Palmateer, 321 F.3d 820, 823 (9th Cir. 2003); cf. Summers v. Schriro, 481 F.3d 710, 716-17 (9th Cir. 2007).
We construe Holden's briefing of uncertified issues as a motion to expand the certificate of appealability, and we deny the motion. See 9th Cir. R. 22-1 (e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).