Letourneau

Letourneau v. Hickman

Good Law
116 F. App'x 70
United States Court of Appeals for the Ninth CircuitOctober 14, 2004No. 03-16695California310 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald Raymond LeTourneau appeals the district court’s denial of his petition for writ of habeas corpus as untimely. We affirm.

The statute of limitations for filing a petition for writ of habeas corpus in federal court is one year. 28 U.S.C. § 2244 (d)(1). The statute of limitations in LeTourneau’s case ran from March 12, 1997, until February 19, 1998, and recom *71 menced running on May 29,1999. On that date, only 21 days remained for LeTourneau to file a federal habeas petition. However, he did not mail his federal petition untO 325 days later, on May 8, 2000. Therefore, LeTourneau’s habeas petition is time barred.

We disagree with LeTourneau’s argument that his mental disabilities warrant equitable tolling of the statute of limitations. Equitable tolling “is avaüable only when ‘extraordinary circumstances beyond a prisoner’s control made it impossible to file a petition on time.’ ” Smith v. Ratelle, 323 F.3d 813, 819 (9th Cir.2003) (quoting Calderon v. United States Dist. Court (Kelly), 163 F.3d 530 , 541 (9th Cir.1998) (en banc)). According to the medical records kept by the prison clinical psychologists who examined him, LeTourneau was “intelligent” and his…

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