Ansaldo

MEMORANDUM **

Bobby Ansaldo (“Petitioner”) appeals the district court’s dismissal of his federal habeas corpus petition as untimely. On June 24, 2004, this Court issued a Certificate of Appealability limited to the issue of “[w]hether, in light of Laws v. Lamarque, 351 F.3d 919 (9th Cir.2003), [Petitioner] was entitled to an evidentiary hearing on the issue of equitable tolling due to his medical condition.” We hold that Petitioner was not entitled to such a hearing and affirm the judgment of the district court.

In Laws v. Lamarque, “[b]ecause Laws ... made a good-faith allegation that would, if true, entitle him to equitable tolling ... the district court's denial of the petition [was vacated] and remand[ed] for further factual development of his claim that the limitations period should be tolled because of his mental incompetency during the period in which he could have timely filed.” 351 F.3d at 919 . That holding does not, however, upset the district court’s dismissal in this case. Here, dismissal without further factual development was appropriate because Petitioner, unlike Laws, did not allege facts “that would, if true, entitle him to equitable tolling.” See Laws, 351…