Bunyard

MEMORANDUM **

John P. Bunyard appeals the district court’s judgment dismissing as untimely his petition for habeas corpus, challenging his conviction for attempted lewd and lascivious conduct with a 14-year old child. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of the petition for writ of habeas corpus on statute of limitations grounds which involve an issue of law. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). We review findings of fact for clear error; however, when facts relating to the question of equitable tolling are undisputed, we review de novo. Id. We affirm.

Mr. Bunyard admits that he filed his petition for habeas corpus after the one-year time limitation mandated by the 28 U.S.C. § 2244 (d)(1)(A), had already lapsed. He contends on appeal that the statute should not bar his petition because (1) he is actually innocent of the crime for which he was convicted, and (2) he is entitled to statutory and equitable tolling because he did not know about the time limit, he is uneducated and had no access to a lawyer until recently, and he feared accessing materials from the prison’s library because of his status as a sex…