Turner

Turner v. McGrath

Good Law
121 F. App'x 209
United States Court of Appeals for the Ninth CircuitJanuary 20, 2005No. 03-55371; D.C. No. CV-02-00528-FMC(SGL)California860 words

Opinion

Lead Opinion

MEMORANDUM *

Rodney Turner (Turner) appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for untimeliness. He argues for equitable tolling of the one-year statute of limitations imposed by the Anti-terrorism and Effective Death Penalty Act. 28 U.S.C. § 2244 (d). We have jurisdiction pursuant to 28 U.S.C. § 2258 and we hereby affirm.

Turner filed his second federal habeas petition (the one before this court) in January 2002. Granting that Turner is entitled to equitable tolling for the roughly six-month period during which he was held in administrative segregation and denied access to his legal materials, and that Turner is entitled to statutory tolling for the roughly two-week period during which his August 1999 state habeas petition was pending, Turner’s statute of limitations nonetheless expired in November 2000, fourteen months before the current petition was filed. It is therefore untimely unless Turner is entitled to additional tolling. Turner advances unsuccessfully several theories of entitlement to additional tolling.

I.

Turner argues that he is entitled to additional statutory tolling from the date he filed his first state habeas petition (August 2,…

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