Uriarte
Uriarte v. Terhune
Opinion
Lead Opinion
MEMORANDUM **
In Appeal No. 00-55873, Francisco U. Uriarte appeals pro se the district court’s dismissal as untimely his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
As a preliminary matter, we dismiss Appeal No. 00-55964 as opened in error. The Clerk of this court is directed to transfer Uriarte’s “Addendum to Appellant’s Brief in Response to Appellees Reply Brief’ from Appeal No. 00-55964 to Appeal No. 00-55873.
Uriarte contends that he is entitled to equitable tolling of the AEDPA’s one-year statute of limitations for filing federal habeas petitions on the grounds that the following circumstances were “extraordi *754 nary”: (1) Uriarte was transferred to another prison before his “jailhouse lawyer” could file the petition; (2) Uriarte could not timely find another “jailhouse lawyer” or counsel who could file his petition; and (3) he cannot speak, write or understand English. We review de novo the district court’s dismissal of a § 2254 petition on statute of limitations grounds. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999).
Notwithstanding the involuntary transfer to another prison, we conclude that these…