Brooks

MEMORANDUM **

California state prisoner Alfred L. Brooks appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Brooks contends that the district court erred in dismissing his petition as untimely. Specifically, Brooks contends that his alleged cognitive impairments and confiscation of his legal property in 1994 entitle *637 him to equitable tolling. The record does not suggest that Brooks’ alleged cognitive impairments caused an inability to file a timely habeas petition in federal court. See Pace v. DiGuglielmo, 544 U.S. 408, 418 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005); Gaston v. Palmer, 417 F.3d 1030, 1034 (9th Cir.2005), modified on other grounds by 447 F.3d 1165 (9th Cir.2006). Indeed, the fact that Brooks was able to file pro se a 42 U.S.C. § 1983 action in district court in 1997, and an appeal in this court in 1998, belies his contention that any cognitive impairment prevented him from filing his § 2254 petition on time. See Gaston, 417 F.3d at 1034 . With respect to the effect of the alleged confiscation of his legal property, this issue was actually…