Guirrino

MEMORANDUM **

California state prisoner Dickey James Johnson appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition, which challenges his conviction and life sentence for first-degree murder and kidnaping. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we vacate and remand.

The district court dismissed the instant petition, Johnson’s second, as time-barred. Johnson contends this dismissal was erro *647 neous because he is entitled to equitable tolling under two theories. First, Johnson claims he should receive equitable tolling because of counsel’s delay in sending him state court records. However, Johnson has not explained how the lack of records made him unable to file a timely petition. Therefore, we agree with the district court that Johnson is not entitled to equitable tolling on this ground. See Calderon v. United States Dist. Court (Kelly), 163 F.3d 530 , 541 (9th Cir.1998) (en banc) (stating that equitable tolling is available when “extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time”) (internal quotation marks…