Dukes

MEMORANDUM **

Ronnie L. Dukes appeals the district court’s dismissal as untimely of his 28 *459 U.S.C. § 2254 habeas petition challenging his conviction for first degree residential burglary, in violation of Cal. Pen. Code § 459 . We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Dukes contends that he is entitled to equitable tolling of the Antiterrorism and Effective Death Penalty Act (AEDPA) limitations period because: (1) he was denied access to the prison law library due to prison lockdowns; (2) his attorney delayed returning his trial transcripts, hindering his ability to timely file his federal habeas petition; and (3) his attorney failed to file a petition for review in the state supreme court. Dukes also contends that he is entitled to statutory tolling for the time after his state habeas petition was pending when he could have petitioned for certiorari.

We review de novo the issue of equitable tolling when the relevant facts are not in dispute. See Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). Equitable tolling of AEDPA is appropriate only where extraordinary circumstances beyond a prisoner’s control render it impossible to timely file a…