Serna

MEMORANDUM **

Alexander Serna, a California state prisoner, appeals pro se the dismissal as untimely of his habeas corpus petition *667 brought under 28 U.S.C. § 2254 . He contends that he is entitled to equitable tolling of the statute of limitations. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Equitable tolling is available if the petitioner shows “ ‘(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance has stood in his way.’ ” Harris v. Carter, 515 F.3d 1051, 1054-55 (9th Cir.) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005)), cert. denied, U.S. •, 129 S.Ct. 397 , 172 L.Ed.2d 323 (2008).

The district court concluded that, following statutory tolling for state court habeas petitions, the statute of limitations expired on May 27, 2006. Serna did not file his federal petition until November 20, 2007. In the federal petition, he stated that he spent three years attempting to obtain proof of his mental disability in support of claims regarding the intent element of his offenses. In his response to respondent’s motion to dismiss, he stated that he obtained documents in March 2007…