MacKay

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 7 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DESMOND ALAN MACKAY, No. 23-4413 D.C. No. Petitioner - Appellant, 4:23-cv-00051-BMM-JTJ v.

MEMORANDUM*

PETER BLUDWORTH; ATTORNEY

GENERAL OF THE STATE OF

MONTANA,

Respondents - Appellees.

Appeal from the United States District Court for the District of Montana Brian M. Morris, Chief District Judge, Presiding

Submitted February 5, 2025** Portland, Oregon

Before: BEA, KOH, and SUNG, Circuit Judges.

Desmond Alan Mackay (“Petitioner”) appeals the district court’s order that

denied his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The

* 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). district court denied the petition as untimely and granted a certificate of appealability

as to whether Petitioner is entitled to equitable tolling to excuse…