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Name: Gaston v. Palmer
Case #: 01-56367
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/02/2005

The deadline for filing a federal habeas petition is tolled during the interval between the dismissal of one state petition and the filing of another. AEDPA provides for the tolling of the statute of limitations while a “properly filed” petition is pending. California’s habeas system, which permits the filing of an original application in either the trial, appellate, or Supreme Court, does not fit easily into the federal scheme, but the time between the denial of one California petition and the filing of another is most easily analogized to the time between the denial of a petition and the filing of an appeal. Thus, if the California courts have not denied a petition as untimely, the federal courts will consider those claims to still be under review in the state habeas system, and the statute of limitations will accordingly be tolled.