Landi

MEMORANDUM **

Michael Jerry Landi appeals pro se the district court’s dismissal as untimely of his 28 U.S.C. § 2254 habeas petition challenging his guilty plea conviction for three counts of lewd conduct with a child by means of force in violation of Cal. Pen. Code § 288 (b), with enhancements for pri- or convictions and kidnapping. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Since the relevant facts are not in dispute, we review de novo the issue of equitable tolling, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Landi contends he is entitled to equitable tolling of the Antiterrorism and Effective Death Penalty Act (AEDPA) limitations period because his attorney delayed returning his case file and transcripts, severely impeding his ability to timely file his federal habeas petition. 1 Landi abandons his denial of access to the prison law library claim on appeal.

Equitable tolling of AEDPA is appropriate only where extraordinary circumstances beyond a prisoner’s control render it impossible to timely file a petition. Calderon v. United States District Court (Beeler), 128 F.3d 1283, 1288 (9th Cir. 1997), overruled on other grounds by Calderon v.…