Stucky

MEMORANDUM **

Billy Ray Stucky, an Oregon state prisoner, appeals the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Stucky raises three arguments to support his contention that he is entitled to equitable tolling. He first contends he is entitled to equitable tolling because his appellate counsel failed to adequately explain the post-conviction petition process, and the prison’s legal assistants provided incorrect information. This contention lacks merit because he is not entitled to representation during post-conviction proceedings and attorney negligence on matters of post-conviction relief is not an extraordinary circumstance warranting equitable tolling. See Miranda v. Castro, 292 F.3d 1063, 1067-68 (9th Cir. 2002) (denying equitable tolling for attorney negligence because there is no right to effective assistance of counsel for post-conviction relief); see also Allen v. Lewis, 255 F.3d 798, 800 (9th Cir.2001) (per curiam) (requiring petitioner to show that “extraordinary circumstances” were the “but-for and proximate cause of his untimeliness”).

*785 Second, Stucky contends that…