Opinion

Santoro

Court
District Court, E.D. California
Filed
Sep 22, 2025
Cited by
0 cases
Authority
More cited than 37.6%

AEDPA’s statute of limitations period is tolled from the date an application is amended to add relevant claims until this court rules on the application

How later courts described this case

  • AEDPA’s statute of limitations period is tolled from the date an application is amended to add relevant claims until this court rules on the application

Written by the judges who cited it.

The opinion

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT SEP 22 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

RONALD D. YOUNG, No. 24-5699

Applicant,

ORDER

v.

KELLY SANTORO,

Respondent.

Before: SILVERMAN, OWENS, and BRESS, Circuit Judges.

The supplemental application for authorization to file a second or successive

28 U.S.C. § 2254 habeas corpus petition in the district court is denied as

unnecessary because it raises claims solely regarding the denial of the applicant’s

petition for resentencing under California Penal Code § 1170.951, which did not

become ripe until after the applicant’s prior § 2254 habeas petition was denied. See

Brown v. Atchley, 76 F.4th 862, 872-73 & n.1 (9th Cir. 2023).

We express no opinion as to the merits of the applicant’s claims or whether

the procedural requirements of 28 U.S.C. §§ 2244(d) and 2254 are satisfied.

1 After Young filed his petition for resentencing, section 1170.95 was

renumbered as section 1172.6 effective June 30, 2022. See Stats. 2022, ch. 58,

§ 10.

The clerk will transfer the supplemental application filed at Docket Entry

No. 23 to the United States District Court for the Eastern District of California, to

be processed as a § 2254 petition. The petition is deemed filed in the district court

on September 30, 2024, the date on which the applicant delivered to prison

authorities for forwarding to this court a submission challenging his resentencing

proceedings. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 270

(1988); Orona v. United States, 826 F.3d 1196, 1198-99 (9th Cir. 2016) (AEDPA’s

statute of limitations period is tolled from the date an application is amended to

add relevant claims until this court rules on the application).

Upon transfer of the application, the clerk will close this original action.

Because the application is being transferred to the district court, we take no

action on any pending motions.

No further filings will be entertained in this case.

DENIED AS UNNECESSARY; SUPPLEMENTAL APPLICATION

TRANSFERRED to the district court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.