Flynn

Flynn v. Lambert

Good Law
14 F. App'x 781
United States Court of Appeals for the Ninth CircuitJune 25, 2001No. 00-35282; D.C. No. 99-05225-FDBCalifornia464 words

Opinion

Lead Opinion

MEMORANDUM **

John Frederick Flynn III appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). We review de novo a district court’s dismissal of a habeas petition, and we affirm.

Flynn contends that he was entitled to equitable tolling of the statute of limitations. Equitable tolling is only appropriate where “extraordinary circumstances” resulting from external forces beyond the control of the petitioner make it impossible for the petitioner to file a timely petition. Calderon v. United States District Court (Kelly), 163 F.3d 530 , 541 (9th Cir.1998) (en banc), Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir.1999).

*782 Flynn asserts that legal “reference” materials were taken from him on July 28 1998 and October 28, 1998. 1 The materials consisted of the Rules of court, the 1998 & 1999 Federal Digest Habeas Corpus and “other law books, etc” and Flynn argues that the loss of these books required him to begin all over. Assuming without deciding, that the alleged confiscation of Flynn’s legal materials complicated his efforts to file his federal habeas petition, it did not make it impossible for…

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