Barton

MEMORANDUM **

Petitioner-Appellant Keith Eugene Barton appeals the district court’s dismissal on timeliness grounds of his petition for a writ of habeas corpus. Barton argues that *109 the district court should have equitably tolled the statute of limitations for a period of thirteen months during which he claims the prison lost his legal materials. The district court rejected this claim, finding that Barton failed to adduce sufficient evidence of (1) the actual loss of the documents for the time period in question and (2) the existence of “extraordinary circumstances beyond [Barton’s] control” that made it impossible for him to file a petition on time. We affirm.

Barton argues on appeal, as he did below, that he is also entitled to equitable tolling of the statute of limitations for the period from November 1997 through December 10, 1998, during which period he claims his legal materials were lost. Barton maintains, correctly, that if the statute of limitations were so tolled, his habeas petition would have been timely.

“[E]quitable tolling of the filing deadline for a habeas petition is available ‘only if extraordinary circumstances beyond a prisoner’s control make it…