Hendon

Hendon v. Lamarque

Good Law
107 F. App'x 769
United States Court of Appeals for the Ninth CircuitAugust 17, 2004No. 03-16359; D.C. No. CV-00-00349 PJHCalifornia697 words

Opinion

Lead Opinion

MEMORANDUM *

Carlos Duane Hendon appeals the district court’s denial of his petition for writ of habeas corpus. The district court granted a Certificate of Appealability on four issues: (1) whether Hendon is entitled to equitable tolling for the entire period from January 14, 1998, to March 19, 1999; (2) whether lockdowns and administrative segregation in prison were the cause of his delay in filing his federal habeas petition; (3) whether the “stop the clock” method of equitable tolling applies to cases brought under 28 U.S.C. § 2254 and the Antiterrorism and Effective Death Penalty Act (“AEDPA”); and (4) whether the state prisons’ rules on access to the prison library and personal legal materials violated Hendon’s constitutional rights, thereby entitling him to statutory tolling. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We review de novo the district court’s dismissal of Hendon’s habeas petition as time-barred by the AEDPA’s statute of limitation. Nardi v. Stewart, 354 F.3d 1134, 1140 (9th Cir.2004). We also review the decision to withhold equitable tolling de novo. Corjasso v. Ayers, 278 F.3d 874, 877 (9th Cir.2002).

In the first three issues…

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