Vang

Vang v. Carey

Good Law
171 F. App'x 579
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 03-17194California415 words

Opinion

Lead Opinion

MEMORANDUM *

Mong Vang appeals the dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 as untimely. We affirm.

Vang has not shown that he is entitled to equitable tolling on account of chronic lockdowns, his lack of education and English language proficiency, or conduct of his counsel. See Gaston v. Palmer, 417 F.3d 1030, 1034 (9th Cir.2005) (noting that petitioner bears the burden of showing that equitable tolling is appropriate). He points to no “extraordinary circumstanced” that “stood in his way” as he sought to file his habeas petition. Pace v. DiGuglielmo, 544 U.S. 408 , 125 S.Ct. 1807, 1814 , 161 L.Ed.2d 669 (2005); cf., e.g., Whalem/Hunt v. Early, 233 F.3d 1146 (9th Cir.2000) (recognizing that unavailability of the newly-enacted Antiterrorism and Effective Death Penalty Act of 1996 (AED-PA) in prison library could justify equitable tolling).

Although Vang asserts that preference was given at some institutions to inmates with deadlines, he does not explain why his AEDPA-imposed deadline would not qualify him for preferred treatment or indicate that he ever attempted to obtain, but was denied, access. While he did not obtain a GED until…

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