Sanchez

Sanchez v. Poole

Good Law
79 F. App'x 254
United States Court of Appeals for the Ninth CircuitOctober 17, 2003No. 02-55737California545 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Rosa Sanchez appeals the district court’s dismissal of her petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . The district court dismissed the petition as untimely. Sanchez asserts the district court committed reversible error in dismissing her petition because the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 should have been tolled due to extraordinary circumstances beyond her control. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 2253 . We affirm.

Sanchez bears the burden of showing that the limitations period should be equitably tolled because of extraordinary circumstances beyond her control. United *255 States v. Marolf, 173 F.3d 1213 , 1218 n. 3 (9th Cir.1999). On appeal, Sanchez argues that she was prevented from timely filing her federal habeas petition due to her trial counsel’s delay in forwarding Sanchez her case files.

This court has made clear that equitable tolling is “unavailable in most cases” and that “the threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.” Miranda v. Castro, 292 F.3d 1063, 1066…

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