Summary
holding a Certificate of Finality under WASH. R. APP. P. 12.7 establishes the date of finality for a PRP or other state collateral proceeding
Summary of this case from Digerlamo v. UttechtOpinion
No. 16-36018
04-09-2020
PHONSAVANH PHONGMANIVAN, Petitioner-Appellant, v. RON HAYNES, SCCC Superintendent, Respondent-Appellee.
NOT FOR PUBLICATION
D.C. No. 2:16-cv-00556-RAJ MEMORANDUM Appeal from the United States District Court for the Western District of Washington
Richard A. Jones, District Judge, Presiding Submitted February 6, 2019
Submission Withdrawn March 19, 2019
Resubmitted April 7, 2020 Seattle, Washington Before: IKUTA and CHRISTEN, Circuit Judges, and CHOE-GROVES, Judge.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Jennifer Choe-Groves, Judge for the United States Court of International Trade, sitting by designation. --------
Phonsavanh Phongmanivan appeals the dismissal of his petition for habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we reverse and remand.
The district court erred in dismissing Phongmanivan's habeas petition as barred by the one-year limitations period in the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2244(d)(1). The limitations period was tolled when Phongmanivan filed a personal restraint petition with the Washington Court of Appeals on February 4, 2015, see § 2244(d)(2), and the tolling ended when the Washington Court of Appeals issued a certificate of finality on April 1, 2016, see Phongmanivan v. Haynes, No. 96980-9, 2020 WL 946132, at *4 (Wash. Feb. 27, 2020). Thus, Phongmanivan timely filed his habeas petition on April 9, 2016. See Phongmanivan v. Haynes, 918 F.3d 1021, 1023-24 (9th Cir. 2019).
REVERSED AND REMANDED.