United States v. 2020-04-09 | 16-36018 | PHONSAVANH PHONGMANIVAN V. RON HAYNES | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

PHONSAVANH PHONGMANIVAN,
Petitioner-Appellant,
v.
RON HAYNES, SCCC Superintendent,
*
Respondent-Appellee.
No. 16-36018
D.C. No. 2:16-cv-00556-RAJ
MEMORANDUM
**
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Submitted February 6, 2019
***

Submission Withdrawn March 19, 2019
Resubmitted April 7, 2020
Seattle, Washington
FILED
APR 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
*
Ron Haynes has replaced Margaret Gilbert as Superintendent of
Stafford Creek Corrections Center.
**
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
* **
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

Before: IKUTA and CHRISTEN, Circuit Judges, and CHOE-GROVES,
****
Judge.

Phonsavanh Phongmanivan appeals the dismissal of his petition for habeas
corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we
reverse and remand.
The district court erred in dismissing Phongmanivan’s habeas petition as
barred by the one-year limitations period in the Antiterrorism and Effective Death
Penalty Act of 1996, 28 U.S.C. § 2244(d)(1). The limitations period was tolled
when Phongmanivan filed a personal restraint petition with the Washington Court
of Appeals on February 4, 2015, see § 2244(d)(2), and the tolling ended when the
Washington Court of Appeals issued a certificate of finality on April 1, 2016, see
Phongmanivan v. Haynes, No. 96980-9, 2020 WL 946132, at *4 (Wash. Feb. 27,
2020). Thus, Phongmanivan timely filed his habeas petition on April 9, 2016. See
Phongmanivan v. Haynes, 918 F.3d 1021, 1023–24 (9th Cir. 2019).
REVERSED AND REMANDED.
* * **
The Honorable Jennifer Choe-Groves, Judge for the United States
Court of International Trade, sitting by designation.
2