Green

Green v. Hornbreak

Good Law
312 F. App'x 915
United States Court of Appeals for the Ninth CircuitFebruary 23, 2009No. 07-16136California405 words

Opinion

Lead Opinion

MEMORANDUM **

*916 Petitioner-Appellant Ayanna Green appeals the district court’s dismissal of her federal habeas corpus petition as untimely. We affirm. .

■“A litigant seeking equitable tolling of the one-year AEDPA limitations period bears the burden of establishing two elements: (1) that [she] has been pursuing [her] rights diligently, and (2) that some extraordinary circumstance stood in [her] way.” Mendoza v. Carey, 449 F.3d 1065, 1068 (9th Cir.2006) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005)) (internal alternations omitted).

Green’s allegations to the district court that she made repeated attempts to collect her police reports and legal file both before and after the statute of limitations expired, liberally construed and taken as true, .sufficiently establish that she pursued her rights diligently. See Roy v. Lampert, 465 F.3d 964, 970 (9th Cir.2006); United States v. Battles, 362 F.3d 1195, 1197-98 (9th Cir.2004).

Nevertheless, Green has failed adequately to demonstrate how the missing transcripts and police reports, which she did not possess until June and October 2003, respectively, were necessary to her habeas petition…

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