Opinion
No. 13-35376
03-17-2015
JOEL ST. GERMAIN, Petitioner - Appellant, v. MIKE FERRITER, Montana Department of Corrections, Respondent - Appellee.
NOT FOR PUBLICATION
D.C. No. 9:12-cv-00108-DLC MEMORANDUM Appeal from the United States District Court for the District of Montana
Dana L. Christensen, Chief District Judge, Presiding
Submitted March 5, 2015 Portland, Oregon Before: FISHER, PAEZ and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Joel St. Germain appeals the dismissal of his petition for habeas corpus under 28 U.S.C. § 2254 collaterally attacking his convictions under Montana law. We affirm.
The petition is untimely. The one-year statute of limitations period expired on June 3, 2012, but St. Germain did not file his habeas petition until June 21, 2012. Contrary to St. Germain's assertions, the state did not waive its statute of limitations defense. It has consistently maintained throughout the course of this litigation that the petition was time-barred. Cf. Wood v. Milyard, 132 S. Ct. 1826, 1831-32 (2012).
AFFIRMED.