Sheperd

MEMORANDUM **

California state prisoner Dennis Everett Williams (“Williams”) appeals the dismissal of his habeas corpus petition challenging his 2002 conviction and sentence as time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2241 et seq. Williams does not dispute that his petition was untimely but argues that he is entitled to equitable tolling because, despite his diligence, extraordinary circumstances prevented his timely filing. We have jurisdiction under 28 U.S.C. § 2253 (c)(3) and affirm.

Because his conviction and sentence became final on March 19, 2002, Williams had until March 20, 2003 to file his federal habeas petition. But he did not file his petition until November 15, 2004, nearly 32 months after his California judgment became final and 20 months after the AED-PA deadline passed. As such, unless he is entitled to equitable tolling, 1 Williams’s petition was correctly dismissed as untimely.

Equitable tolling is “unavailable in most cases,” Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir.1999), and is appropriate only if Williams can show (1) diligent pursuit of his rights, and (2) some extraordinary circumstance…