PHONSAVANH PHONGMANIVAN V. RON HAYNES, No. 16-36018 (9th Cir. 2020)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 19, 2019.
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PHONSAVANH PHONGMANIVAN, Petitioner-Appellant, No. 16-36018 D.C. No. 2:16-cv-00556-RAJ v. MEMORANDUM** RON HAYNES, SCCC Superintendent,* Respondent-Appellee. 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the Western District of Washington Richard A. Jones, District Judge, Presiding Submitted February 6, 2019*** Submission Withdrawn March 19, 2019 Resubmitted April 7, 2020 Seattle, Washington * Ron Haynes has replaced Margaret Gilbert as Superintendent of Stafford Creek Corrections Center.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
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
