Ramirez

Ramirez v. Lamarque

Good Law
72 F. App'x 570
United States Court of Appeals for the Ninth CircuitJuly 28, 2003No. 02-17198; D.C. No. CV-00-01419-GEBCalifornia272 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Ricky Ramirez appeals the district court’s order dismissing with prejudice as untimely his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Ramirez contends that the district court rendered incomplete and confusing advice concerning the application of the statute of limitations to his case when it dismissed his first unexhausted petition without prejudice. Ramirez also contends that he was denied access to adequate legal resources by the Department of Corrections when he attempted to conduct legal research on the statute of limitations issue.

Even if true, these contentions do not merit equitable tolling because Ramirez *571 waited a full year before returning to federal court after the California Supreme Court dismissed his habeas petition. See Guillory v. Roe, 329 F.3d 1015, 1018 (9th Cir.2003) (stating that “the relevant measure of diligence is how quickly a petitioner sought to exhaust the claims dismissed as unexhausted, and how quickly he returned to federal court after doing so,” and denying equitable tolling where petitioner took seven months to return to…

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