Newland

MEMORANDUM **

Torus L. Smith appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. Smith seeks to challenge his California state conviction and life sentence for one count of kidnapping to commit robbery, one count of robbery with a dangerous weapon, and one count of fleeing the scene of an accident. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Based on our de novo review, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm in part, and remand in part.

The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a one-year statute of limitations on the filing of § 2254 petitions. § 2244(d)(1). Absent any tolling, Smith’s § 2254 petition, filed on October 5, 1999, 1 is untimely. See Tillema v. Long, 253 F.3d 494, 498 (9th Cir.2001).

Smith first contends that unconstitutional state action prevented him from filing on time. § 2244(d)(1)(B). Citing Bounds v. Smith, 430 U.S. 817, 821 , 97 S.Ct. 1491 , 52 L.Ed.2d 72 (1977), he argues that the state denied him access to the courts because they failed to provide him, an illiterate prisoner, with adequate assistance from someone trained in the law. We disagree. Smith is only…