Solano

MEMORANDUM **

Mario Y. Solano appeals the district court’s denial of his petition for habeas corpus as untimely under 28 U.S.C. § 2244 (d)(1). We issued a certificate of appealability with respect to one issue: whether the district court violated the petitioner’s right to due process by dismissing his petition as untimely. We conclude that it did not.

Petitioner argues that the district court erred in dismissing his petition as untimely because he presents a claim of actual innocence. In order to demonstrate actual innocence in a collateral proceeding, a petitioner must present “new reliable evidence that was not presented at trial” and “show that it is more likely than not that no reasonable juror would have found [him] guilty beyond a reasonable doubt.” Schlup v. Delo, 513 U.S. 298, 299, 327-28 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995). Solano has not “support[ed] his allegations of constitutional error with new reliable evidence — whether it be exculpatory scientific evidence, trustworthy eyewitness account, or critical physical evidence — that was not presented at trial.” Id. at 324 , 115 S.Ct. 851 . See also Shumway v. Payne, 223 F.3d 982, 990 (9th Cir.2000) (“[A]ctual…