Hendon

MEMORANDUM ***

Appellant Carlos Duane Hendon (“Hen-don”) appeals the district court’s denial of his Petition for Writ of Habeas Corpus as untimely. Hendon contends that a series of back-to-back prison lockdowns and placements in administrative segregation resulted in long-term denial of access to prison law libraries and personal legal materials. Such denials, he argues, constitute grounds for equitable and statutory tolling of the limitations period of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244 (d)(1).

Equitable tolling is available “if extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time.”’ Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir.1999) (internal citations omitted). See also Allen v. Lewis, 255 F.3d 798, 800 (9th Cir.2001). Statutory tolling is available until an “impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such state action.” 28 U.S.C. § 2244 (d)(1)(B). In Whalem/Hunt v. Early, 233 F.3d 1146, 1148 (9th Cir.2000) (en banc), we emphasized that…