Baker v. California Department of Corrections

MEMORANDUM

Ronald David Baker filed an untimely federal habeas petition. Baker appeals the dismissal of his petition based upon the district court’s determination that Baker is not entitled to equitable tolling on account of his limited reading and writing abilities. Baker also argues that he should be entitled to an evidentiary hearing to further support his contention that his limited reading and writing abilities warrant equitable tolling. We affirm.

We do not address the district court’s determination that Baker’s habeas petition was untimely under the statutory timing requirements, even with the inclusion of statutory tolling for his state petitions, because Baker does not challenge that determination. As to equitable tolling, Baker’s evidence of his limited reading and writing abilities does not establish a mental condition that would amount to extraordinary circumstances. See Rasberry v. Garcia, 448 F.3d 1150, 1153 (9th Cir.2006) (establishing that proof of extraordinary circumstances is one of two required elements for equitable tolling).

Establishing extraordinary circumstances requires proof that conditions “beyond a prisoner’s control make it impossible to file a…