Wagan

*533 MEMORANDUM **

Manuel Atienza Wagan (“Wagan”), a state prisoner, seeks to appeal the dismissal of his habeas petition. The district court dismissed his motion to reopen the time to file a notice of appeal as untimely. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court dismissed Wagaris ha-beas petition as time-barred on December 15, 2008, and the Clerk gave notice of the entry of judgment to Wagan’s attorney, Donald Bergerson (“Bergerson”). 1 Ber-gerson did not file a notice of appeal, and later characterized his failure to do so as a “mistake.” Wagan alleges that Bergerson never informed him of the dismissal; Ber-gerson asserts that he did.

In late March 2004, Wagan wrote a letter to the district court stating that he was being moved to a different prison and asking for an update on the status of his case. The Clerk docketed the letter, but took no further action with respect to the letter. In October 2006, Wagan filed a motion to reopen the time to file an appeal, which the district court dismissed as untimely. The district court granted a certificate of appealability (“COA”) on one question: Whether Wagan’s March 2004 letter could be…