Court of Appeals for the Ninth Circuit June 29, 2004, No. 03-15523 (Baker v. Stewart)

MEMORANDUM ***

We affirm the district court’s finding that Brent M. Baker’s 28 U.S.C. § 2254 petition is time barred under the one year limitations period of 28 U.S.C. § 2244(d)(1). The parties agree that 364 days elapsed from the time of the final denial of Baker’s post-conviction claim for relief by the Arizona Court of Appeals and the filing of this action.