Wynglarz

MEMORANDUM **

California state prisoner Timothy Thomas Wynglarz appeals from the district court’s dismissal of his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Nardi v. Stewart, 354 F.3d 1134, 1140 (9th Cir.2004), and we affirm.

Wynglarz contends that he is entitled to statutory tolling for the entire time that he was pursuing state post-conviction remedies, including the 27-month interval between the denial of his first state habeas petition by the California Superior Court and the filing of his second state habeas petition. Because his first state habeas petition was denied as untimely filed, Wynglarz is not entitled to statutory tolling for that petition, thus rendering his federal petition untimely. See Pace v. DiGuglielmo, — U.S. -, -, 125 S.Ct. 1807, 1814 , 161 L.Ed.2d 669 (2005).

Wynglarz also contends that he is entitled to statutory tolling under 28 U.S.C. § 2244 (d)(1)(B) because inadequate prison law library resources constituted an impediment to the timely filing of his state post-conviction petitions. We reject this contention because Wynglarz has not shown how the alleged deficiencies prevented…