Jones v Turner

MEMORANDUM

Appellant Henry A. Jones appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely, rejecting Jones’s argument for equitable tolling based on his mental impairments. We have jurisdiction under 28 U.S.C. §§ 1291 , 2258, and we affirm the district court’s dismissal of the petition.

Jones contends that his mental illness, low cognitive ability, and learning disability considered together are extraordinary circumstances that entitle him to equitable tolling. After an evidentiary hearing, the district court found that Jones’s numerous pro se filings during the statute of limitations period show that these impairments did not make it impossible for him to timely file his habeas petition. See Gaston v. Palmer, 417 F.3d 1080, 1034 (9th Cir.2005), modified on other grounds, 447 F.3d 1165 (9th Cir.2006). This finding was not clear error.

In the alternative, Jones asks that we remand this case to apply the two-part test recently articulated in Bills v. Clark, 628 F.3d 1092, 1099-1101 (9th Cir.2010). We have reviewed the record, and conclude that a remand is unnecessary because there is nothing in the record that would yield a different…