Adams

*561 MEMORANDUM **

Clinex Adams filed a petition for a writ of habeas corpus asserting that, due to constitutional error at trial, he was convicted of murder despite his actual innocence. In his petition, Adams included two affidavits in which trial witnesses recanted their prior identification of Adams. The district court dismissed the petition as untimely. Adams argues that (1) his petition should be considered timely under the actual innocence theory of Schlup v. Delo, 513 U.S. 298 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995), and (2) the district court erred by not granting him an evidentiary hearing to support his assertion of actual innocence. We affirm.

I

The dismissal of a habeas petition based on the statute of limitations is reviewed de novo. See Shannon v. Newland, 410 F.3d 1083 , 1087 n. 3 (9th Cir.2005), cert. denied, 546 U.S. 1171 , 126 S.Ct. 1333 , 164 L.Ed.2d 49 (2006).

The Supreme Court has held that a habeas petitioner may establish a procedural “gateway” permitting review of defaulted claims or successive petitions if he or she can demonstrate “actual innocence.” Schlup, 513 U.S. at 315 , 115 S.Ct. 851 ; see also House v. Bell, 547 U.S. 518 , 126 S.Ct. 2064,…