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Drew v. Maceachern

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Before Boudin, Gajarsa, *fn1 and Thompson, Circuit Judges.

The issue before the court is whether an application for state post-conviction relief was “pending” within the meaning of the tolling provision of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244(d)(2), and, if not, whether the petitioner is entitled to equitable tolling of the AEDPA’s limitations period. Carl Drew appeals from the U.S. District Court for the District of Massachusetts’s dismissal of his petition for writ of habeas corpus. The district court dismissed Mr. Drew’s petition for lack of jurisdiction, holding that his petition was time-barred under § 2244(d)(1)(A) and that he is not entitled to equitable tolling. We affirm.

I.

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