Davis

Davis v. Farwell

Good Law
253 F. App'x 631
United States Court of Appeals for the Ninth CircuitNovember 1, 2007No. 06-15125California581 words

Opinion

Lead Opinion

MEMORANDUM **

Ron Dwayne Davis (“Davis”) appeals from the district court’s decision to dismiss *632 his petition for writ of habeas corpus. Davis’s petition, the district court held, was untimely both because it was filed well past the one-year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), 28 U.S.C. § 2244 (d), and because it was not entitled to equitable tolling. Because the petition was indeed filed late and because Davis has not shown the type of “extraordinary circumstances” required to justify equitable tolling (see Roy v. Lampert, 465 F.3d 964, 969 (9th Cir.2006)), we affirm the district court.

On appeal Davis does not dispute the fact that he did not file his petition until November 13, 2003, more than seven years after AEDPA’s one-year statute of limitations period began to run in his case. 1 Instead Davis argues that the district court erred when it concluded that he was not entitled to an equitable tolling exception (see Calderon v. United States Dist. Court (Beeler), 128 F.3d 1283, 1288 (9th Cir.1997), recognizing such an exception in the AEDPA context), affd in relevant part and overruled on other grounds…

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