McBride

MEMORANDUM *

Petitioner Dennis McBride appeals the district court’s denial of his federal habeas petition as time-barred under the one-year statute of limitations set forth in the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244 (d)(1). A motions panel of this Court granted McBride a Certificate of Appealability on the “issue whether appellant is entitled to equitable tolling of the statute of limitations.” We review de novo denials of habeas petitions on statute of limitations grounds. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). We have jurisdiction under 28 U.S.C. § 2253 and affirm.

McBride’s contention that he is entitled to equitable tolling because his habeas attorney miscalculated the AEDPA statute of limitations is foreclosed by Frye v. Hickman, 273 F.3d 1144, 1146 (9th Cir.2001) and Miranda v. Castro, 292 F.3d 1063, 1066-67 (9th Cir.2002). The record does not support McBride’s claim that his failure to file the petition prior to the actual deadline was due to lack of access to the prison law library. McBride’s argument that he was “abandoned” by his habeas attorney is also unpersuasive. His attorney had prepared a draft of the…