Randall Martino v. Christine Popoff

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 26 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RANDALL RAY MARTINO, No. 20-35502

Petitioner-Appellant, D.C. No. 6:17-cv-00925-MK

v.

MEMORANDUM*

CHRISTINE POPOFF, Superintendent, Oregon State Correctional Institution,

Respondent-Appellee.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted July 7, 2021 Portland, Oregon

Before: O’SCANNLAIN, PAEZ, and BENNETT, Circuit Judges.

Petitioner Randall Ray Martino appeals the district court’s dismissal of his

28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction under

U.S.C. §§ 1291 and 2253. We review de novo the district court’s dismissal of a

§ 2254 petition as untimely. Stewart v. Cate, 757 F.3d 929, 934 (9th Cir. 2014).

In doing so, we review the district court’s factual findings for clear error and its

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. decision “to decline…