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MARDESICH v. CATE

No. 08-55404.

668 F.3d 1164 (2012)

Destinni MARDESICH, Petitioner-Appellant, v. Matthew CATE, Secretary, California Department of Corrections and Rehabilitation; Scott Kernan, Chief Deputy Secretary for Adult Operations, California Department of Corrections and Rehabilitation; Terri McDonald, Director of Division of Adult Institutions, California Department of Corrections and Rehabilitation; Deborah K. Johnson, Warden, Central California Women's Facility; Kamala Harris, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 21, 2012.

Attorney(s) appearing for the Case

Anand Krishnaswamy (argued), Michael J. Brennan , University of Southern California Post-Conviction Justice Project, Los Angeles, CA, for petitioner-appellant Destinni Mardesich.

Anthony Da Silva , Deputy Attorney General, San Diego, CA, for respondents-appellees Matthew Cate, Secretary, California Department of Corrections and Rehabilitation, et al.

Before: DOROTHY W. NELSON, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Destinni Mardesich appeals the district court's dismissal of three claims in her federal habeas petition as untimely under the one-year statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act (AEDPA). 28 U.S.C. § 2244(d)(1). Because we apply the AEDPA statute of limitations on a claim-by-claim basis, and because Mardesich's three claims challenging a state administrative agency's order were...

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