Calvert v. Payne
Calvert v. Payne
Opinion of the Court
MEMORANDUM
Mitchel Calvert appeals an order of the district court dismissing his petition for habeas corpus under 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 2253. We review de novo the district court’s dismissal of Calvert’s habeas petition, Malcom v. Payne, 281 F.3d 951, 955-56 (9th Cir. 2002), and affirm.
Calvert challenges his 2002 conviction for three counts of child rape. The Anti-terrorism and Effective Death Penalty Act
AEDPA’s one-year statute of limitations “may be equitably tolled if extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time.” Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003) (internal punctuation and citation omitted); see also Pace, 544 U.S. at 418, 125 S.Ct. 1807. The record does not demonstrate that Calvert’s failure to file a timely habeas petition was due to extraordinary circumstances beyond his control. We find Calvert has failed to establish that equitable tolling of the statute of limitations was warranted in his case.
The district court properly dismissed Calvert’s § 2254 petition as untimely.
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.