Holloway

Holloway v. Garcia

Good Law
36 F. App'x 620
United States Court of Appeals for the Ninth CircuitJune 13, 2002No. 01-55552; D.C. No. CV-00-03289-DDP(RNB)California261 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Alonzo Holloway appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 , review de novo, see Patterson v. Stewart, 251 F.3d 1243, 1245 (9th Cir.), cert denied, — U.S. —, 122 S.Ct. 406 , 151 L.Ed.2d 308 (2001), and affirm.

Under § 2244(d)(1) of the AEDPA, Holloway had until May 6, 1998, to file his 28 U.S.C. § 2254 petition. Absent tolling of the statute of limitations, therefore, Holloway’s petition filed March 29, 2000, is untimely.

Holloway contends that the district court erred by not granting him statutory or equitable tolling based on his claim the state failed to provide an adequate law library and trained library clerks. We reject Holloway’s contention because he has failed to allege sufficient facts to demonstrate that extraordinary circumstances beyond his control made it impossible for him to file his petition on time. Cf, Wha-lem/Hunt v. Early, 233 F.3d 1146 (9th *621 Cir.2000) (en banc) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be…

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