Rodney Hall v. Randy Grounds

Good Law
584 F. App'x 723
United States Court of Appeals for the Ninth CircuitSeptember 2, 201411-56135California380 words

Opinion

Opinion

MEMORANDUM

California state prisoner Rodney Hall appeals from the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition (Petition) as untimely. The district court concluded that Hall failed to meet his burden to demonstrate that his medical conditions justify equitable tolling to excuse the late filing of the Petition. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm.

The district court correctly concluded that Hall did not meet his burden to demonstrate that his medical conditions justify equitable tolling. Although Hall’s medical conditions rendered him incapacitated for some portions of the relevant time period, Hall did not show that his conditions caused the untimeliness and made it impossible to file the Petition on time. See Porter v. Ollison, 620 F.3d 952, 959 (9th Cir.2010); Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir.2003). Although the record shows that Hall periodically experienced severe pain that incapacitated him and disrupted his daily activities, the record does not show that Hall continuously experienced such severe…

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