Christopher Jones v. Matthew Cate

MEMORANDUM

Petitioner Christopher Jones’s federal habeas petition was dismissed as untimely. The district court granted a certificate of appealability solely as to the question whether Jones was entitled to equitable tolling. Jones timely appealed. We review de novo the dismissal of a petition for writ of habeas corpus as time-barred; we review the district court’s findings of fact for clear error. Forbess v. Franke, 749 F.3d 887, 839 (9th Cir.2014). We reverse and remand for consideration of the merits of Jones’s habeas petition.

Under Bills v. Clark, 628 F.3d 1092, 1099-1100 (9th Cir.2010), Jones showed that (1) his mental impairment rendered him personally unable to prepare a habeas petition and (2) his mental impairment made it impossible to meet the filing deadline under the totality of the circumstances, including reasonably available access to assistance. The district court correctly found that Jones satisfied the first prong of the Bills test because Jones’s mental state rendered him unable personally to prepare a habeas petition and effectuate its filing.

However, the district court erred in finding that Jones did not act diligently in pursuing available remedies. The…