Costa

MEMORANDUM **

Walter Costa appeals the dismissal of his untimely habeas corpus petition. His appeal raises multiple arguments for why equitable tolling of AEDPA’s statute of limitations is warranted. We affirm.

To be entitled to equitable tolling, Costa must show “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way.” Pace v. DiGuglielmo, 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005). The extraordinary circumstance needs to have been both beyond his control and the but-for and proximate cause of his petition’s untimeliness. Roy v. Lampert, 465 F.3d 964, 969 (9th Cir.2006).

Costa’s petition challenges Arizona convictions. Costa, however, is currently imprisoned in California for crimes he committed and was convicted of after skipping bail in Arizona. He argues that a lack of Arizona legal materials in the California jail, plus a possible reliance on pre-Pace law, caused him to think “he had tolled the federal statute of limitations when he continued to aggressively seek review of his *191 state law claims.” More specifically, Costa argues that because he cited Nino v. Galaza, 183 F.3d 1003 (9th…