Hill

MEMORANDUM **

Appellant Robert Lee Johnson (Johnson) challenges the district court’s dismissal of his habeas petition as untimely. He contends that the one-year statute of limitations, 28 U.S.C. § 2244 (d), should have been equitably tolled because of his mental illness and frequent transfers within the prison system.

Johnson has not demonstrated that his frequent transfers between facilities were an “extraordinary circumstance.” See Roy v. Lampert, 465 F.3d 964, 969 (9th Cir. 2006), as amended (“Equitable tolling is applicable only if extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time”) (citation and internal quotation marks omitted). Because Johnson had sufficient access to legal materials despite his transfers between facilities, equitable tolling is not warranted.

Johnson has also failed to demonstrate that his mental problems constituted an “extraordinary circumstance” which would justify equitable tolling. Indeed, the record reflects that there were significant pe *642 riods of time where he appeared to suffer from limited or no disabilities.

Finally, the fact that Johnson filed a petition for post-conviction relief…