Garcia

MEMORANDUM **

Michael S. Clark appeals the district court’s order dismissing his 28 U.S.C. § 2254 habeas petition as untimely. We affirm. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

We review the district court’s dismissal of a petition for a writ of habeas corpus as time-barred de novo. Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir.2003). “If the facts underlying a claim for equitable tolling are undisputed, the question of whether the statute of limitations should be equitably tolled is also reviewed de novo.” Id. A district court’s finding on the issue of competence is a finding of fact. King v. Brown, 8 F.3d 1403, 1408 (9th Cir.1993). Therefore, we will not disturb the district court’s finding regarding the disputed fact, whether Clark was mentally incompetent during the relevant time period, unless we have a definite and firm conviction that a mistake has been committed. See Lentini v. California Ctr. for the Arts, Escondido, 370 F.3d 837, 843 (9th Cir.2004).

We have “already held that a ‘putative habeas petitioner’s mental ineompetency [is] a condition that is, obviously, an extraordinary circumstance…