Sanchez

Sanchez v. Cambra

Good Law
34 F. App'x 251
United States Court of Appeals for the Ninth CircuitJanuary 7, 2002No. 99-15969; D.C. No. CV-98-05329-RECCalifornia998 words

Opinion

Lead Opinion

Appellant Raul Segura Sanchez appeals the district court’s denial of his petition for writ of habeas corpus as untimely. Sanchez contends that a series of back-to-back prison lockdowns and lack of assistance for non-English speaking inmates constitute extraordinary circumstances that equitably tolled the limitations period of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244 (d)(1).

Equitable tolling of this limitations period is available “if extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time.” Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir.1999) (internal citations omitted). See also Allen v. Lewis, 255 F.3d 798, 800 (9th Cir.2001). In addition, statu *253 tory tolling is available until an “impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such state action.” 28 U.S.C. § 2244 (d)(1)(B). In Whalem/Hunt v. Early, 233 F.3d 1146, 1148 (9th Cir.2000) (en banc), we emphasized that “determinations of whether there was an ‘impediment’ under § 2244(d)(1)(B) and whether there…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.