Harrison

MEMORANDUM *

Juan Harrison appeals the district court’s dismissal of his habeas corpus petition. We affirm.

The California Superior Court clearly held that Harrison’s state petition for writ of habeas corpus was “untimely.” The district court properly imputed this determination to the California Court of Appeal and Supreme Court. The record before each court was substantially similar, and Petitioner has failed to present “strong evidence” to rebut the presumption that the higher courts’ unexplained orders leaving in effect the consequences of the lower court’s decision rested on the same grounds as those articulated in the last reasoned decision. See Ylst v. Nunnemaker, 501 U.S. 797, 804-05 , 111 S.Ct. 2590 , 115 L.Ed.2d 706 (1991). As the state courts concluded under state law that Harrison’s petition was untimely, it was not “properly filed” and Harrison is not entitled to statutory tolling under section 2244(d)(2) of the Antiterrorism and Effective Death Penalty Act (AEDPA). See Pace v. DiGuglielmo, 544 U.S. 408, 417 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005); 28 U.S.C. § 2244 .

Harrison contends that he is entitled to equitable tolling because two extraordinary obstacles…