Alvarado

Alvarado v. Schriro

Good Law
191 F. App'x 594
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 03-16862California356 words

Opinion

Lead Opinion

MEMORANDUM ***

Carlos P. Alvarado, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). We review de novo the dismissal of a habeas petition as untimely. Brambles v. Duncan, 412 F.3d 1066, 1069 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 485 , 163 L.Ed.2d 369 (2005). We affirm.

Alvarado contends that the conditions of his incarceration in the Special Management Unit (“SMU”) of the Arizona Department of Corrections constitute an extraordinary circumstance warranting equitable tolling of the Antiterrorism and Effective Death Penalty Act’s one-year statute of limitations. We disagree because Alvarado has not established a causal link between his incarceration in SMU and his inability to file a timely habeas petition in federal court. See Pace v. DiGuglielmo, *595 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005) (stating that petitioner must show “that some extraordinary circumstance stood in his way” and that he “pursu[ed] his rights diligently” to obtain equitable tolling). To the contrary, the record reflects that he was able…

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