Warren

MEMORANDUM **

Appellant Randy David Warren (Warren) challenges the district court’s dismissal of his habeas petition as untimely. Warren contends that the one-year statute of limitations, 28 U.S.C. § 2244 (d), should have been equitably tolled because he did not have access to his legal files and his previous motions for an extension of time and appointment of counsel constitute a habeas petition. Moreover, Warren argues that the district court abused its discretion in denying him an evidentiary hearing regarding his mental illness allegations and in denying his request for appointment of counsel.

Warren cannot demonstrate that the lack of access to his files “actually prevented [him] from preparing or filing a timely petition.” Shannon v. Newland, 410 F.3d 1083, 1090 (9th Cir.2005). Additionally, the district court did not abuse its discretion in denying Warren’s request for an evidentiary hearing because the record was sufficiently developed such that the strength of Warren’s claims could be evaluated. See Laws v. Lamarque, 351 F.3d 919, 924 (9th Cir.2003).

Warren has also failed to demonstrate that the district court’s dismissal of his prior requests for an extension of time…