Walker

MEMORANDUM **

Carlton Langely Walker appeals the district court’s dismissal of his federal habeas petition for failure to comply with the one-year time limitation imposed by the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. § 2244 (d).

I

We review the district court’s denial of habeas corpus for failure to comply with AEDPA’s one-year statute of limitation de novo. Laws v. Lamarque, 351 F.3d 919, 922 (9th Cir.2003). The factual findings underlying the court’s decision, including the court’s determination of whether mental incompetence prevented the petitioner from filing on time, are reviewed for clear error. Gaston v. Palmer, 387 F.3d 1004, 1008 (9th Cir.2004).

*530 II

Although the district court did not explicitly state the burden of proof it applied, there is no indication in the record that the court required more than a preponderance of the evidence. See Beaty v. Stewart, 303 F.3d 975, 986 (9th Cir.2002). Walker has not overcome “the presumption that the [district] court applied the correct burden of proof.” Id.

III

The district court identified and applied the correct legal standards. A habeas petitioner is entitled to equitable…