John Flowers v. Jack Palmer

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN FLOWERS, No. 12-16234

Petitioner - Appellant, D.C. No. 3:10-cv-00367-ECR-

VPC

v.

JACK PALMER, Warden; NEVADA MEMORANDUM*

ATTORNEY GENERAL,

Respondents - Appellees.

Appeal from the United States District Court for the District of Nevada Edward C. Reed, Jr., Senior District Judge, Presiding

Argued and Submitted December 9, 2014 San Francisco, California

Before: KOZINSKI, RAWLINSON, and MURGUIA, Circuit Judges.

Petitioner John Flowers (Flowers) challenges the district court’s dismissal of

his untimely federal habeas petition pursuant to the one-year statute of limitations

set forth in the Antiterrorism and Effective Death Penalty Act. We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1. The district court properly held that equitable tolling based on

Flowers’ mental impairment and the effects of his medications was unwarranted

because Flowers did not demonstrate diligence in pursuing his federal habeas

petition. See Bills v. Clark, 628 F.3d…