Murrieta

Murrieta v. Terhune

Good Law
62 F. App'x 195
United States Court of Appeals for the Ninth CircuitApril 25, 2003No. 01-56874; D.C. No. CV-00-01432-JTMCalifornia276 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Obed Valenzuela Murrieta appeals the district court’s dismissal of his 28 *196 U.S.C. § 2254 petition as barred by the statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2244 (d)(1). We affirm.

Murrieta contends that he is entitled to statutory and equitable tolling because he was unable to gain access to the law library at either of the two prisons where he was housed during the one-year limitation period. Murrieta never explained, however, how lack of library access prevented him from obtaining and filling out the federal habeas form he eventually filed. See Lewis v. Casey, 518 U.S. 343, 351 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (stating that the prisoner must show how alleged library shortcomings hindered his efforts to pursue his claim).

Murrieta also contends that we should remand the case for an evidentiary hearing to determine whether he made more than one request for law library access at Centinela State Prison. He relies on our opinion in Whalem/Hunt v. Early, 233 F.3d 1146, 1148 (9th Cir.2000) (en banc) (per curiam), in which we remanded for further factual development to determine whether…

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