Loveland

ORDER

This case is resubmitted effective October 25, 2002.

MEMORANDUM **

Bennie Scott Loveland (“Loveland”) appeals from the district court’s dismissal of his second amended federal habeas petition. The district court held that Loveland failed to demonstrate cause and prejudice to overcome a state law procedural default. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

In a previous ruling, the district court dismissed Loveland’s federal habeas petition based on Loveland’s failure to comply with Nevada’s timeliness rule, Nev.Rev. Stat. § 34.726(1), in filing his state habeas petition. On appeal, we held that Love-land’s petition was procedurally defaulted, but reversed and remanded to allow Love-land to present evidence that his default should be excused. Loveland v. Hatcher, 231 F.3d 640, 645 (9th Cir.2000).

In that appeal, Loveland argued that his trial counsel failed to perfect an appeal despite instructions to do so. Loveland maintained that he filed his state habeas petition after the one year time limit because he reasonably believed his trial counsel was pursuing that appeal.

On remand the district court held an evidentiary hearing. At the conclusion…