Nicolas Felix v. E. McDaniel

MEMORANDUM

Petitioner Nicolas Felix (“Felix”) appeals the district court’s dismissal of his federal habeas petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

The district court did not err in concluding that Felix is not entitled to equitable tolling. We have held that a “combination of (1) a prison law library’s lack of Spanish-language legal materials, and (2) a petitioner’s inability to obtain translation assistance before the one-year deadline, could constitute extraordinary circumstances” entitling that petitioner to equitable tolling. Mendoza v. Carey, 449 F.3d 1065, 1069 (9th Cir.2006). “[A] non-English-speaking petitioner seeking equitable tolling must, at a minimum, demonstrate that during the running of the AEDPA time limitation, he was unable, despite diligent efforts, to procure either legal materials in his own language or translation assistance from an inmate, library personnel, or other source.” Id. at 1070 . In January 2007, Felix mailed his state habeas petition in English. While he submitted some papers to the district court in Spanish, he was able to submit his pro se habeas petition, his application to proceed in forma…