David Grecu v. M.S. Evans

FILED

**

NOT FOR PUBLICATION AUG 11 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

DAVID B. GRECU, No. 08-17452

Petitioner - Appellant, D.C. No. 5:07-cv-00780-JF

v.

MEMORANDUM *

M. S. EVANS, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of California Jeremy D. Fogel, District Judge, Presiding

Argued and Submitted June 15, 2011 San Francisco, California

Before: SCHROEDER, RIPPLE, and BEA, Circuit Judges.

David B. Grecu ('Grecu'), a California state prisoner, appeals the district

court's dismissal of his untimely 28 U.S.C. y 2254 habeas corpus petition

challenging his guilty plea and 10-year sentence for residential burglary and

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Kenneth F. Ripple, Senior Circuit Judge for the Seventh Circuit, sitting by designation. cocaine possession. Grecu contends that he was entitled to both statutory and

equitable tolling and…