Duchine

MEMORANDUM **

California state prisoner John Allen Du-chine appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the dismissal of a habeas petition on statute of limitations grounds, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir. 1999), and we vacate and remand.

Duchine contends that the one-year statute of limitations under the AEDPA was tolled by the prison law library’s failure to keep a copy of the AEDPA, or otherwise provide competent legal assistance regarding its statute of limitations, until August or October 1998. He argues that the district court erred by ruling that this was not a sufficient basis for equitable tolling.

Since the district court’s dismissal of Duehine’s petition, we have held that an inadequate prison law library might constitute an “impediment” under § 2244(d)(1)(B), or, alternatively, justify equitable tolling of AEDPA’s statute of limitations. See Whalem/Hunt v. Early, 233 F.3d 1146, 1148 (9th Cir.2000) (en banc) (per curiam); see also Lewis v. Casey, 518 U.S. 343, 351 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 et seq. (1996) (discussing…