Rivera
Rivera v. La Marque
Opinion
Lead Opinion
MEMORANDUM *
*858 Jason Rivera, a California State prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as time barred under 28 U.S.C. § 2244 (d). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review a district court’s dismissal of a habeas petition de novo. See Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999).
Rivera contends that he was entitled to equitable tolling of the AEDPA’s one-year statute of limitations because his first attorney abandoned his case after nine months of the limitations period had passed, leaving his replacement attorney with only two months in which to timely file Rivera’s habeas petition.
Equitable tolling of the AEDPA’s one-year statute of limitations is appropriate only where extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time. See Calderon v. United States Dist. Court for Cent. Dist. of Cal. (Beeler), 128 F.3d 1283, 1288-89 (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 banc).