Miles v. Prunty, No. 98-55623

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtWARDLAW
Citation187 F.3d 1104
Decision Date13 August 1999
Docket NumberNo. 98-55623
Parties(9th Cir. 1999) WILLIE LEE MILES, Plaintiff-Appellant, v. K.W. PRUNTY, Warden; ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Defendants-Appellees

Page 1104

187 F.3d 1104 (9th Cir. 1999)
WILLIE LEE MILES, Plaintiff-Appellant,
v.
K.W. PRUNTY, Warden; ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Defendants-Appellees.
No. 98-55623
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Argued and Submitted June 7, 1999
Filed August 13, 1999

William L. Harris, Pasadena, California, for the petitioner appellant.

Kent Jamil Bullard, Deputy Attorney General, Los Angeles, California, for the respondent-appellee.

Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, District Judge, Presiding. D.C. No. CV-97-04414-CBM (RC).

Before: James R. Browning, Sidney R. Thomas, and Kim McLane Wardlaw, Circuit Judges.

Page 1105

OPINION

WARDLAW, Circuit Judge:

Willie Lee Miles ("Miles") appeals the district court's dismissal of his 28 U.S.C. S 2254(a) habeas corpus petition as untimely. Miles raises two issues on appeal, only one of which we reach. Miles contends his petition was timely filed under the prison mailbox rule, and in the alternative, that extraordinary circumstances existed sufficient to equitably toll the applicable statute of limitations. We have jurisdiction pursuant to 28 U.S.C. SS 1291 and 2253 and we reverse.

I.

We review a district court's decision to dismiss a petition for writ of habeas corpus de novo. See Fields v. Calderon, 125 F.3d 757, 759-60 (9th Cir. 1997), cert. denied, 118 S. Ct. 1826 (1998). We also review de novo the district court's dismissal of Miles' habeas petition on statute of limitations grounds. See Ellis v. City of San Diego, 176 F.3d 1183, 1188 (9th Cir. 1999); Hernandez v. City of El Monte , 138 F.3d 393, 398 (9th Cir. 1998). While findings of fact made by the district court are reviewed for clear error, see Moran v. McDaniel, 80 F.3d 1261, 1268 (9th Cir. 1996), where, as here, the facts are undisputed as to the question of equitable tolling, we review de novo, see Valenzuela v. Kraft, Inc., 801 F.2d 1170, 1172 (9th Cir. 1986).

II.

The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") became law on April 24, 1996 and imposed for the first time a statute of limitations on habeas petitions filed by state prisoners. See Calderon v. United States Dist. Court (Beeler), 128 F.3d 1283, 1288-89 (9th Cir. 1997)[hereinafter "Calderon (Beeler)"], overruled in part on other grounds by Calderon v. United States Dist. Court (Kelly), 163 F.3d 530 (9th Cir. 1998) (en banc), cert. denied, 119 S. Ct. 1377 (1999) [hereinafter "Calderon (Kelly)"]. We have held that AEDPA's limitations period did not begin to run against any state prisoner before the date of AEDPA's enactment. See Calderon (Beeler), 128 F.3d at 1286-87 (rejecting retroactive application of AEDPA's one-year statute of limitations). Accordingly, a prisoner with a state conviction finalized before April 24, 1996, such as Miles, had until April 23, 1997 to file a federal habeas petition.

III.

Following his December 31, 1991 conviction for first degree murder in Los Angeles Superior Court, Miles received a sentence of forty years to life in prison. The California Court of Appeal affirmed Miles' sentence on September 1, 1993 and review was denied by the California Supreme Court on November 23, 1993.

On April 1, 1997, just twenty-two days before his federal habeas corpus rights would forever be extinguished, Miles' state appellate counsel advised him that if he wished to file a S 2254 habeas corpus petition, he needed to do so on or before April 23, 1997, to be timely under AEDPA. Miles signed his habeas petition and in forma pauperis declaration on April 17, 1997.1

On April 18, 1997, Miles submitted his completed petition and in forma pauperis declaration to state prison authorities, with instructions to mail his materials to the district court and to enclose a check drawn from his prison trust account for the requisite $5.00 filing fee. The prison's outgoing mail log for Miles contains an April 18, 1997 entry of: "U.S.D.C. Cen. D. of CA," and an accompanying notation of: "sent to acct [sic] for fee filing."

On April 23, 1997, the one-year statute of limitations for Miles' petition under AEDPA expired. At that time, prison authorities had neither issued the check nor sent Miles' materials to the district court.

Page 1106

The $5.00 amount was not debited from Miles' prison trust account until April 30, 1997. Prison authorities then returned the petition and check to Miles on an unspecified date.

On June 3, 1997, Miles resubmitted his petition and in forma pauperis declaration, together with the $5.00 filing fee, to prison authorities for mailing. The outgoing mail log identifies the district court as the addressee of Miles' materials. Miles' petition for habeas corpus was stamped as "Lodged" with the district court on June 3, 1997. It was stamped as "Filed" on June 17, 1997.

IV.

On August 19, 1997, Respondent K.W. Prunty moved to dismiss Miles' petition as time-barred under AEDPA's one-year statute of limitations....

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1031 practice notes
  • Reynolds v. Cambra, No. CV977048CBMAJW.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • March 9, 2001
    ...account for the failure to file a timely claim, equitable tolling of the statute of limitations may be appropriate." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir.1999), citing Kelly, 163 F.3d at 541; Beeler, 128 F.3d at 1288-1289; see also Raynor v. Dufrain, 28 F.Supp.2d 896, 900 (S.D.N.Y.......
  • Thomas v. Gipson, Case No.: 1:12-cv-01059-AWI-JLT
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • January 11, 2013
    ...account for the failure to file a timely claim, equitable tolling of the statute of limitations may be appropriate." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir. 1999). "Generally, a litigant seeking equitable tolling bears the burden of establishing two elements: "(1) that he has been pu......
  • Sok v. Substance Abuse Training Facility, 1:11-cv-00284-JLT HC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • August 16, 2011
    ...account for the failure to file a timely claim, equitable tolling of the statute of limitations may be appropriate." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir. 1999). "Generally, a litigant seeking equitable tolling bears the burden of establishing two elements: "(1) that he has been pu......
  • Landeros v. Shinn, No. CV-17-0182-TUC-RCC (BGM)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • July 30, 2020
    ...period only if extraordinary circumstances beyond a prisoner's control make it impossible to file a petition on time." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir. 1999) (quotations and citations omitted). Moreover,Page 15 Petitioner "bears the burden of establishing two elements: (1) tha......
  • Request a trial to view additional results
1027 cases
  • Reynolds v. Cambra, No. CV977048CBMAJW.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • March 9, 2001
    ...account for the failure to file a timely claim, equitable tolling of the statute of limitations may be appropriate." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir.1999), citing Kelly, 163 F.3d at 541; Beeler, 128 F.3d at 1288-1289; see also Raynor v. Dufrain, 28 F.Supp.2d 896, 900 (S.D.N.Y.......
  • Thomas v. Gipson, Case No.: 1:12-cv-01059-AWI-JLT
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • January 11, 2013
    ...account for the failure to file a timely claim, equitable tolling of the statute of limitations may be appropriate." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir. 1999). "Generally, a litigant seeking equitable tolling bears the burden of establishing two elements: "(1) that he has been pu......
  • Sok v. Substance Abuse Training Facility, 1:11-cv-00284-JLT HC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • August 16, 2011
    ...account for the failure to file a timely claim, equitable tolling of the statute of limitations may be appropriate." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir. 1999). "Generally, a litigant seeking equitable tolling bears the burden of establishing two elements: "(1) that he has been pu......
  • Landeros v. Shinn, No. CV-17-0182-TUC-RCC (BGM)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • July 30, 2020
    ...period only if extraordinary circumstances beyond a prisoner's control make it impossible to file a petition on time." Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir. 1999) (quotations and citations omitted). Moreover,Page 15 Petitioner "bears the burden of establishing two elements: (1) tha......
  • Request a trial to view additional results

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