Shoots

Shoots v. Lamarque

Good Law
86 F. App'x 323
United States Court of Appeals for the Ninth CircuitJanuary 16, 2004No. 01-16962; D.C. No. CV-00-01170-DADCalifornia384 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Terrence Edward Shoots appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition, challenging his convictions after nolo contendré pleas for robbery and attempted robbery with personal use of firearm, and violation of probation. The *324 district court dismissed the petition as untimely under 28 U.S.C. § 2244 (d). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Shoots’ conviction became final on December 22, 1997, so his federal petition, filed on May 26, 2000, is untimely absent tolling of the one-year Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) statute of limitations. Shoots contends that he is entitled to equitable tolling because of limited access to the law library caused by protracted lockdowns at his prison and a policy denying prisoners access to the law library during work and education hours. He fails, however, to establish how any limited access to the law library hindered his ability to timely file his federal petition. See Miles, 187 F.3d at 1107 .

Shoots also contends that a lack of trained…

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