Joel St. Germain v. Mike Ferriter ( 2015 )

NOT FOR PUBLICATION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
JOEL ST. GERMAIN, No. 13-35376
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.
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