Bryant

MEMORANDUM **

Petitioner William L. Bryant appeals the denial of his federal habeas corpus petition. Bryant concedes his petition was thirty-two days late, but argues that equitable tolling should be applied to overcome his untimeliness.

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) established a one-year statute of limitations for 28 U.S.C. § 2254 petitions. 28 U.S.C. § 2244 (d)(1). Courts may equitably toll the limitations period if extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time. Malcom v. Payne, 281 F.3d 951, 962 (9th Cir.2002). The court reviews de novo the district court’s dismissal of federal habeas petitions on statute of limitations grounds, including the issue of equitable tolling. Id. at 955-56 .

Bryant claims the following constitute extraordinary circumstances that justify equitable tolling: prison transfers, the inadequacy of the prison libraries, his counsel’s late notification of the finality of his appeal, and his counsel’s failure to inform him of the AEDPA limitation.

With regard to the first two claims, this court has recognized that prison transfers and inadequate libraries may…