JOEL ST. GERMAIN V. MIKE FERRITER, No. 13-35376 (9th Cir. 2015)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 17 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS No. 13-35376 JOEL ST. GERMAIN, Petitioner - Appellant, D.C. No. 9:12-cv-00108-DLC v. MEMORANDUM* MIKE FERRITER, Montana Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the District of Montana Dana L. Christensen, Chief District Judge, Presiding Submitted March 5, 2015** Portland, Oregon Before: FISHER, PAEZ and IKUTA, Circuit Judges. Joel St. Germain appeals the dismissal of his petition for habeas corpus under 28 U.S.C. § 2254 collaterally attacking his convictions under Montana law. We affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The petition is untimely. The one-year statute of limitations period expired on June 3, 2012, but St. Germain did not file his habeas petition until June 21, 2012. Contrary to St. Germain’s assertions, the state did not waive its statute of limitations defense. It has consistently maintained throughout the course of this litigation that the petition was time-barred. Cf. Wood v. Milyard, 132 S. Ct. 1826, 1831-32 (2012). AFFIRMED. 2

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