Franklin

MEMORANDUM **

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Franklin does not argue that the district court erred in concluding that her habeas petition was filed beyond the one-year statute of limitations. 1 Instead, she argues that the one-year statute of limitations should not apply to her petition because her conviction is “void” or a “nullity.” However, her conviction is not “void” or a “nullity.” At most, the claims that she raised in her petition made her conviction “voidable.” Thus, we do not address that argument.

Further, it is clear that extraordinary circumstances beyond Franklin’s control did not make it impossible for her to file her petition on time. 2 Franklin alleges no facts that excuse her untimely petition, and thus, the one-year limitations period was not “equitably tolled.”

Moreover, Franklin did not assert her claim of actual innocence in her petition or before the district court. Thus, at least with respect to this petition, Franklin waived any claim of actual innocence. Even if this claim were not waived, Franklin could not avoid the one-year statute of limitations on this ground because she has not presented any new evidence which…