Martinez v. Roe
Martinez v. Roe
Opinion of the Court
MEMORANDUM
California state prisoner Duncan G.J. Martinez appeals pro se from the district court’s order dismissing his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir. 1999), we affirm.
Because the California Supreme Court ultimately denied Martinez’s second round
To the extent that Martinez contends that he is entitled to equitable tolling, we disagree. Martinez has not demonstrated extraordinary circumstances beyond his control that made it impossible to file his section 2254 petition on time. See Calderon v. United States Dist. Court (Beeler), 128 F.3d 1283, 1288-89 (9th Cir. 1997), overruled in part on other grounds, Calderon v. United States Dist. Court (Kelly), 163 F.3d 530, 540 (9th Cir. 1998) (en banc).
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 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.