Hill
Hill v. Yearwood
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Jessie Michael Hill appeals the district court’s judgment dismissing as untimely his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm.
Hill agrees with the district court finding that, absent tolling, he had until July 5, 1998 to timely file his section 2254 petition. See Calderon v. United States Dist. Court (Beeler), 128 F.3d 1283, 1288-89 (9th Cir.1997), overruled in part on other grounds, Calderon v. United States Dist. Court (Kelly), 163 F.3d 530, 540 (9th Cir.1998) (en banc).
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) limitations period may be subject to equitable tolling if “ ‘extraordinary circumstances’ beyond a prisoner’s control make it impossible to file a petition on time.” Calderon (Beeler), 128 F.3d at 1288 . Hill has failed to show that equitable tolling of the statute of limitations was warranted in his case. Facts in the record demonstrate that the nonprofit organization, Institute for Justice Research (Institute), informed Hill that they were not acting as his legal…