Higgins
Higgins v. Garcia
Opinion
Lead Opinion
MEMORANDUM ***
Jamie Higgins appeals the district court’s dismissal of his habeas corpus petition. The district court determined that Higgins had not filed within the one-year statute of limitations. See 28 U.S.C. § 2244 (d)(1). We affirm.
Absent equitable tolling, Higgins cannot proceed because the one-year statute started to run on November 26, 1996, 1 the period from April 18, 1997, to June 26, 1998, is excluded 2 but he did not file his federal habeas corpus petition until June 1, 1999.
Equitable tolling is proper only when “extraordinary circumstances’ beyond a prisoner’s control make it impossible to file a petition on time.” Calderon v. United States District Court (Beeler), 128 F.3d 1283,1288 (9th Cir.1997), overruled on other grounds in Calderon v. United States District Court (Kelly), 163 F.3d 530, 541 (9th Cir.1998) (en banc). Thus, it is not available in the mine run of cases. The burden was on Higgins to show that this extraordinary exclusion should apply to him. See United States v. Marolf, 173 F.3d 1213 , 1218 n. 3 (9th Cir.1999). He did not do that.
Higgins’ main point is that for a time his legal materials were not available to him. However, that does not…