Bailey v. Roe
Bailey v. Roe
Opinion of the Court
MEMORANDUM
California state prisoner Larry Edward Bailey appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Bailey contends that the district court abused its discretion in failing to decide his case within six months. We disagree. Bailey points to no case law that gives district corut’s such a time constraint. Cf. Rule 4 of Rules Governing § 2254 Cases.
Bailey also contends that he is entitled to equitable tolling because his § 2254 petition was pending in the district court for 8 months. Because Bailey failed to raise this argument in the district court, it is waived. See Jiminez v. Rice, 276 F.3d 478, 481 (9th Cir. 2001).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.