Jimmy Moody v. Debra Dexter

MEMORANDUM

California state prisoner Jimmy Nathan Moody appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. We have jurisdiction under 28 U.S.C. § 2253 and 28 U.S.C. § 1291 . We vacate the district court’s or der and remand for an evidentiary hearing.

A petitioner is entitled to equitable tolling if he can demonstrate that he has diligently pursued his rights and that an extraordinary circumstance stood in his way and prevented timely filing. Holland v. Florida, 560 U.S. 681 , 180 S.Ct. 2549 , 2562, 177 L.Ed.2d 130 (2010). Equitable tolling is a highly fact-intensive inquiry, and “the district court is in a better position to develop the facts and assess their legal significance.” Whalem/Hunt v. Early, 233 F.3d 1146, 1148 (9th Cir.2000) (en banc).

The Supreme Court has also recognized that a credible showing of actual innocence may allow a prisoner to pursue his constitutional claims on the merits notwithstanding the existence of a procedural bar to relief. McQuiggin v. Perkins, — U.S. —, 133 S.Ct. 1924, 1932 , 185 L.Ed.2d 1019 (2013). To prevail under this standard, the petitioner must show that “it is more likely than not that no…