Fairly
Fairly v. Newland
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Chisi Ray Fairly appeals pro se the dismissal of his § 2254 petition, challenging his conviction after a jury trial for first degree robbery and unlawfully stealing the personal property of another. The district court dismissed the petition as untimely under 28 U.S.C. § 2244 (d). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.
Fairly’s conviction became final on July 7, 1998, so his federal habeas petition, filed on February 23, 2000, is untimely unless he is entitled to tolling of the one-year AEDPA statute of limitations.
Fairly first contends that he is entitled to equitable tolling because he was denied an extension to file a pro se supplemental brief to the California Court of Appeal after his lawyer filed a no-issues brief pursuant to People v. Wends, 25 Cal.3d 436, 158 Cal.Rptr. 839 , 600 P.2d 1071 (1979). He also claims that his attorney did not timely return his transcripts after filing the Wende brief. Assuming that those facts are true, the events occurred well before Fairly’s conviction became final and, therefore, before the AEDPA…