Browder v. Belleque
Opinion of the Court
MEMORANDUM
We review de novo the district court’s dismissal of a habeas corpus petition on statute of limitations grounds. See Malcom v. Payne, 281 F.3d 951, 955-56 (9th Cir. 2002).
Browder also argues that he is entitled to equitable or statutory tolling rendering his petition timely. We review such claims de novo. See Malcom, 281 F.3d at 956. The record does not reflect extraordinary circumstances preventing timely filing that we have required to warrant equitable tolling. See Miranda v. Castro, 292 F.3d 1063, 1067 (9th Cir. 2002). The misrepresentations of Oregon law that Browder claims prevented him from filing his habeas petition do not trigger statutory tolling under 28 U.S.C. § 2244(d)(1)(B). See Shannon v. Newland, 410 F.3d 1083, 1087-88 (9th Cir. 2005).
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.
Reference
- Full Case Name
- Donnie BROWDER, Petitioner—Appellant v. Brian BELLEQUE, Superintendant, Respondent—Appellee
- Cited By
- 1 case
- Status
- Published