Stark

MEMORANDUM **

Nevada state prisoner John Stark appeals the dismissal as untimely of his 28 U.S.C. § 2254 petition challenging his guilty-plea conviction for first degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

Stark contends that his trial counsel’s failure to file a notice of appeal to the Nevada Supreme Court warranted equitable tolling. This argument is unavailing. Stark does not explain how the alleged failure to file a notice of appeal — which Stark was aware of before the limitations period began to run — impacted his ability to file a federal habeas petition, much less demonstrate that such failure constitutes extraordinary circumstances sufficient to warrant equitable tolling. See Calderon v. U.S. Dist. Court for the Cent. Dist. of Cal. (Beeler), 128 F.3d 1283, 1288 (9th Cir. 1997), overruled in part on other grounds by Calderon v. United States Dist. Court (Kelly), 163 F.3d 530 (9th Cir.1998) (en banc) (holding that equitable tolling is available only if extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time).

Stark next contends that his trial counsel’s failure to obtain a file to assist…