Bonner v. Hill
Opinion of the Court
MEMORANDUM
The district court did not apply the wrong standard in considering Bonner’s equitable tolling argument. Bonner notes that Pace v. DiGuglielmo, 544 U.S. 408, 125 S.Ct. 1807, 161 L.Ed.2d 669 (2005), held that a petitioner seeking equitable tolling of the time to file a habeas petition must show, among other things, that “some extraordinary circumstance stood in his way.” Id. at 418, 125 S.Ct. 1807. He argues that this formulation is more permissive than the standard we enunciated before Pace was decided, namely that a habeas petitioner seeking equitable tolling must show, among other things, that “extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time[.]” Espinoza-Matthews v. California, 432 F.3d 1021, 1025 (9th Cir. 2005) (citation and quotation signals omitted). We have recently rejected this argument, instead holding that the Supreme Court’s formulation of “extraordinary circumstances” in Pace is consistent with our longstanding formulation. See Waldron-Ramsey v. Pacholke, 556 F.3d 1008, 1011 (9th Cir. 2009).
Finally, the district court did not err in refusing to hold an evidentiary hearing because Bonner has not pointed to any conflicting evidence in the record requiring an evidentiary ruling. See Roy v. Lampert, 465 F.3d 964, 974 n. 6 (9th Cir. 2006).
Petition denied.
ThiS disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- David B. BONNER v. Jean HILL, Superintendent
- Status
- Published