James Ofeldt v. Nevada Dept of Corrections

MEMORANDUM

Nevada state prisoner James Ofeldt appeals the district court’s dismissal of his untimely 28 U.S.C. § 2254 habeas petition. Ofeldt argues that he was entitled to equi tably toll the time mandated to file his appeal, because he suffered from a severe mental impairment. We have jurisdiction under 28 U.S.C. §§ 1291 and 2258, and we affirm the district court’s decision.

The dismissal of a habeas petition as time-barred is reviewed de novo. Bills v. Clark, 628 F.3d 1092, 1096 (9th Cir.2010). “A petitioner seeking equitable tolling bears the burden of showing both that there were extraordinary circumstances, and that the extraordinary circumstances were the cause of his untimeliness.” Roberts v. Marshall, 627 F.3d 768, 772 (9th Cir.2010) (internal quotation marks omitted). Ofeldt failed to meet this burden.

First, Ofeldt failed to present medical evidence establishing that he suffered from a severe mental impairment during the relevant period .of time. Additionally, Ofeldt’s frequent filings in state court belie his assertions that he was unaware of, and unable to, pursue post-conviction relief. Between 2005 and the filing of Ofeldt’s federal habeas petition in 2010,…