James Earl SMITH, Petitioner-Appellant, v. John MARSHALL, Respondent-Appellee, 361 F. App'x 840

MEMORANDUM California state prisoner James Earl Smith appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm. The statute of limitations under 28 U.S.C. § 2244(

d) began to run on August 9, 2000, the day following the denial of Smith’s administrative appeal from the denial of parole. See Redd v. McGrath, 343 F.3d 1077, 1082-85 (9th Cir.2003). Even applying all possible statutory tolling to the time Smith’s state habeas petitions were pending in state court, the limitations period expired on December 13, 2004. Accordingly, the instant § 2254 petition, which was submitted to prison officials for mailing on June 23, 2005, was untimely. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.