Montanez v. Felker

U.S. Court of Appeals for the Ninth Circuit November 13, 2009

Montanez v. Felker, 357 F. App'x 758 (9th Cir. 2009)

Opinion

MEMORANDUM **

Jose Montanez, Jr., is a California state prisoner appealing the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. Petitioner is not entitled to equitable tolling, because he has failed to *759 show diligence. See Bryant v. Ariz. Atty. Gen., 499 F.3d 1056, 1061 (9th Cir. 2007). The district court did not clearly err in finding that petitioner did not demonstrate that he requested his legal materials while in Administrative Segregation or made any effort to prepare a petition before such Segregation.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name: Jose MONTANEZ, Jr., Petitioner-Appellant, v. Tom FELKER, Warden, Respondent-Appellee
Status: Unpublished