Anthony Benjamin v. Brandon Kelly

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 29 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY BENJAMIN, No. 21-35260

Petitioner-Appellant, D.C. No. 6:19-cv-00259-JE

v.

MEMORANDUM*

BRANDON KELLY,

Respondent-Appellee.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted February 10, 2022 Portland, Oregon

Before: PAEZ and NGUYEN, Circuit Judges, and EATON,** Judge.

Before us is the Certificate of Appealability issued by the United States

District Court for the District of Oregon pursuant to 28 U.S.C. § 2253(c)(2), and the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** Richard K. Eaton, Judge of the United States Court of International Trade, sitting by designation. sole question of whether Petitioner-Appellant Anthony Benjamin1 is entitled to

equitable tolling of the statute of limitations with respect to two grounds for relief

raised in his second amended federal habeas…