Chesbro

MEMORANDUM ***

Mark A. Chesbro appeals from the district court’s dismissal for lack of jurisdiction of his petition for a writ of habeas corpus. The lower court dismissed Chesbro’s petition for failure to comply with the Anti-Terrorism and Effective Death Penalty Act’s (AEDPA) one-year statute of limitations. 28 U.S.C. § 2244 (d)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 2258 and we affirm.

The district court’s dismissal of a habeas petition for untimeliness is reviewed de novo. Herbst v. Cook, 260 F.3d 1039, 1042 (9th Cir.2001).

Chesbro argues that his bi-polar disorder constitutes an extraordinary circumstance beyond his control which rendered him unable to file his petition in a timely manner, and he contends that the evidence presented to the district court warranted an evidentiary hearing on his equitable tolling claim.

A prisoner is entitled to equitable tolling of AEDPA’s limitations period “only if extraordinary circumstances beyond [his] control make it impossible to file a petition on time.” Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir.1999) (citations omitted). Mental incompetency has been considered such an extraordinary circumstance beyond the…