Liang

MEMORANDUM **

Roger S. Liang, a California state prisoner, appeals pro se the dismissal as untimely of his habeas corpus petition under 28 U.S.C. § 2254 . He contends that the district court should have reached the merits of his claims because he is actually innocent of the second degree murder for which he was convicted. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Neither the Supreme Court nor this court has decided whether the habeas corpus statute of limitations set forth in 28 U.S.C. § 2244 (d) may be overridden by a showing of actual innocence. Majoy v. Roe, 296 F.3d 770, 776 (9th Cir.2002). To make such a showing, a petitioner must establish that “in light of all the evidence, including evidence not introduced at trial, ‘it is more likely than not that no reasonable juror would have found [him] guilty beyond a reasonable doubt.’ ” Id. (quoting Schlup v. Delo, 513 U.S. 298, 316 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995)). The petitioner must establish his factual innocence of the crime, and not mere legal insufficiency. Jaramillo v. Stewart, 340 F.3d 877, 882-83 (9th Cir.2003) (petitioner actually innocent if establishes self-defense rendering conduct…