Harris

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JERRY L. HARRIS,  No. 06-35313 Petitioner-Appellant, v.  D.C. No.

CV-05-00885-JLR

SANDRA CARTER, Superintendent,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding

Argued and Submitted January 11, 2008—Seattle, Washington

Filed February 8, 2008

Before: Robert R. Beezer, A. Wallace Tashima, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Beezer COUNSEL

David Zuckerman (argued), Sheryl Gordon McCloud (briefed), Seattle, Washington, for the petitioner-appellant.

Gregory J. Rosen, Olympia, Washington, Assistant Attorney General, Criminal Justice Division, for the respon- dent-appellee.

OPINION

BEEZER, Circuit Judge:

Jerry Harris (“Harris”) appeals the district court’s order dis- missing Harris’ 28 U.S.C. § 2254 petition for a writ of habeas 1846 HARRIS v. CARTER corpus as time-barred and concluding that Harris is not enti- tled to equitable tolling. Harris argues that he is entitled to…