Tomita
Tomita v. Runnels
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Damyon Tomita appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition challenging his conviction for murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s denial of a habeas corpus petition for failure to comply with the one-year statute of limitations established in the Antiterrorism and Effective Death Penalty Act of 1996, see Laws v. Lamarque, 351 F.3d 919, 922 (9th Cir.2003), and affirm.
Tomita first contends that he is entitled to equitable tolling of the one-year statute of limitations due to: (1) the seizure of his state habeas petition from his inmate “writ-writer’s” cell; (2) the 10-month lock down during which he and his inmate “writ-writer” had limited communication and were denied access to the law library; and (3) the law library’s refusal to allow him to make copies of materials for his state habeas petition following the lock down.
Tomita’s contention fails because he has not established a causal link between these factors and his inability to file a timely petition. See Pace v. DiGuglielmo, 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005)…