Cail

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TRAYVON R CAIL, No. 23-2774 D.C. No. Petitioner - Appellant, 2:22-cv-00031-LK v.

MEMORANDUM*

DONALD HOLBROOK,

Respondent - Appellee,

and

STATE OF WASHINGTON,

Respondent.

Appeal from the United States District Court for the Western District of Washington Lauren J. King, District Judge, Presiding

Argued and Submitted December 4, 2024 Seattle, Washington

Before: W. FLETCHER, BERZON, and R. NELSON, Circuit Judges. Dissent by Judge R. NELSON.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Habeas petitioner Cail Holbrook appeals the district court’s order dismissing

his federal habeas petition as untimely and denying him an evidentiary hearing on

the issue of whether he is entitled to equitable tolling. The statute of limitations may

be equitably tolled if Cail shows “‘(1) that he has been pursuing his rights diligently,

and (2) that some extraordinary circumstance stood…