Schinkel

Schinkel v. Kramer

Good Law
132 F. App'x 694
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 03-16894California414 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Michael E. Schinkel appeals the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Schinkel contends that because he was denied meaningful access to a law library for much of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) limitations period, he is entitled to statutory or equitable tolling and, consequently, that the district court erred in dismissing his petition as untimely. We disagree. With respect to statutory tolling, Schinkel has failed to demonstrate a causal connection between his limited library access and his failure to timely file a federal habeas petition. See Gaston v. Palmer, 387 F.3d 1004, 1009 (9th Cir.2004); see also 28 U.S.C. § 2244 (d)(1)(B) (stating that the 1-year period of limitation runs from date on which the state-created impediment is removed, “if the applicant was prevented from filing by such State action”). As to Schinkel’s contention regarding equitable tolling, we conclude that he has failed to establish the…

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