Kesner

MEMORANDUM *

Mark Kesner appeals the district court’s dismissal of his federal habeas corpus petition pursuant to the statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 28 U.S.C. § 2244 (d)(1). Because Kesner’s conviction became final prior to the enactment of AEDPA, he had until April 24, 1997, one year from AEDPA’s effective date, to file a petition. See Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir.2001). As Kesner filed an application for state post-conviction relief on December 6, 2000, and filed his federal petition on September 16, 2002, he concedes that his petition is untimely unless statutory or equitable tolling applies. The district court held that Kesner was not entitled to either. We affirm.

I

Kesner argues that he is entitled to equitable and statutory tolling pursuant to 28 U.S.C. § 2244 (d)(1)(B) because of extraordinary circumstances that impeded and prevented him from filing a timely habeas petition. However, the lawyer’s errors upon which he relies were ordinary attorney negligence, not egregious extraordinary circumstances that warrant equitable tolling. Cf. Spitsyn v. Moore, — F.3d -, No. 02-35543, slip op.…