Redante

Redante v. Ramirez-Palmer

Good Law
23 F. App'x 802
United States Court of Appeals for the Ninth CircuitDecember 27, 2001No. 00-55794; D.C. No. CV-99-02504-LGBCalifornia321 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Lindsel Ateur Redante appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Redante contends that the one-year statute of limitations period should be equitably tolled because his counsel misinformed him regarding the timely filing of his state and federal petitions. We review de novo a district court’s decision to dismiss a petition for writ of habeas corpus, including a dismissal on statute of limitations grounds. See Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). Appellate review of whether the limitations period for a habeas corpus petition was equitably tolled is de novo in cases where the facts are undisputed. Id.

To obtain equitable tolling, Redante must show that extraordinary circumstances beyond his control made it impossible for him to file his habeas petition on time. See Calderon v. United States Dist. Court for Cent. Dist. of Cal. (Beeler), 128 F.3d 1283, 1288 (9th Cir.1997), overruled on other grounds by Calderon v. United States Dist. Court for Cent. Dist. of Cal. (Kelly), 163 F.3d 530 , 540 (9th Cir.1998) (en…

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