Nobles

Nobles v. Porter

Good Law
328 F. App'x 439
United States Court of Appeals for the Ninth CircuitJuly 1, 2009No. 07-36038California124 words

Lead Opinion

MEMORANDUM **

Washington state prisoner Willie Nobles appeals from the district court’s judgment *440 denying his 28 U.S.C. § 2254 habeas corpus petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Nobles contends that he is entitled to equitable tolling for his reasonable reliance on Dictado v. Ducharme, 244 F.3d 724, 727-28 (9th Cir.2001), abrogated by Pace v. DiGuglielmo, 544 U.S. 408 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005). However, even with the benefit of equitable tolling based on this reliance, Nobles’ petition is time-barred. Cf. Harris v. Carter, 515 F.3d 1051, 1055-56 (9th Cir.2008).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.