Gonzalez

MEMORANDUM **

Arizona state prisoner Narcisco Pax Gonzalez appeals the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the dismissal of a § 2254 petition, *127 Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

The certificate of appealability was granted as to whether appellant was entitled to equitable tolling as a result of the district court’s previous dismissal of a mixed § 2254 petition without first giving appellant the opportunity to delete the unexhausted claims and proceed with the exhausted claims. See Rose v. Lundy, 455 U.S. 509, 510 , 102 S.Ct. 1198 , 71 L.Ed.2d 379 (1982) (holding that a district court must dismiss mixed petitions and give a petitioner “the choice of returning to state court to exhaust his claims or of amending or resubmitting the habeas petition to present only exhausted claims.”). While this Court has granted equitable tolling where a district court makes such an error, see Tillema v. Long, 253 F.3d 494, 503 (9th Cir.2001), awards of equitable tolling still require a petitioner to exercise due diligence and that “external forces,…