Ramirez

MEMORANDUM *

We affirm the dismissal of the federal habeas petition of Margarita Ramirez. We agree with the district court that Ramirez missed the one-year statute of limitations under 28 U.S.C. § 2244 (d) and was not entitled to tolling.

Ramirez argues that the one-year statute of limitations did not start until he discovered the factual predicate of his ha-beas claim in the summer of 2002. See 28 U.S.C. § 2244 (d)(1)(D); Hasan v. Galaza, 254 F.3d 1150, 1155 (9th Cir.2001). Although Ramirez may have first learned of the existence of certain police statements in the summer of 2002, he knew about those witnesses long before and he does not explain why he could not have obtained this evidence years before. Hasan, 254 F.3d at 1154 (noting that the statute of limitations does not start until a petitioner has “discovered (or with ... due diligence could have discovered)” the factual predicate of a claim). Even if we credit his claim as to timing, Ramirez has not shown that he was prejudiced by his trial counsel’s failure to discover these police interviews earlier. See id. (noting that statute of limitations under § 2244(d)(1)(D) does not start until a petitioner has “discovered ...…