Martinez

MEMORANDUM

In appeal no. 07-55625, Martinez’s claim for equitable tolling fails because he did not sufficiently demonstrate that “extraordinary circumstances made it impossible to file a petition on time.” Ramirez v. Yates, 571 F.3d 993, 997 (9th Cir.2009) (alterations and quotation marks omitted). Because “[ojrdinary prison limitations on [a petitioner’s] access to the law library” are “neither ‘extraordinary1 nor made it ‘impossible’ for [the petitioner] to file his petition in a timely manner,” id. at 998 , Martinez is not entitled to equitable tolling for the period during which he was in prison lockdown and prevented from accessing the law library and necessary legal materials. Indeed, Martinez was able to file his untimely federal habeas petition during this period. Even if Martinez was entitled to equitable tolling for the eleven days he was denied access to his legal files, his habeas petition would still be untimely, because he filed his petition thirteen days late.

We lack jurisdiction to consider the merits of appeal no. 07-56102 because Martinez failed to appeal the district court’s denial of his motion for an extension of time to file a late appeal (the “Denial…