Brian Dent v. Mike Knowles
Opinion
Opinion
MEMORANDUM
Brian Keith Dent, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 petition as time-barred. We reverse and remand for further proceedings.
Nearly four years after his conviction became final, Dent first sought habeas relief in state court. Over the next five years, Dent underwent multiple rounds of state habeas review. In 2008, Dent filed a federal habeas petition alleging his mental incompetence justified equitable tolling. The district court sua sponte dismissed the petition as time-barred.
The dismissal of a habeas petition as time-barred is reviewed de novo. Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir.2003). A district court’s decision not to conduct an evidentiary hearing is reviewed for abuse of discretion. Roy v. Lampert, 465 F.3d 964, 968 (9th Cir.2006).
Equitable tolling may toll AEDPA’s one-year filing deadline. Holland v. Florida, - U.S. -, -, 130 S.Ct. 2549, 2560 , 177 L.Ed.2d 130 (2010). Mental incompetency is an “extraordinary circumstance beyond the prisoner’s control” that may justify equitable tolling. Laws v. Lam- arque, 351 F.3d 919, 923 (9th Cir.2003) (internal citation omitted).