Dewey Gullick v. Bock
Cases that cite this one
1 later published case cites this decision.
- Bell v. Mason (District Court, W.D. Washington 2024)
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Opinion
MEMORANDUM **
Arizona state prisoner Dewey Deraid Gullick appeals pro se from the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
Gullick contends that the district court erred by denying equitable tolling of AED-PA’s one-year statute of limitations. In light of Gulliek’s ability to file other petitions, represent himself at a hearing, and the reports on his mental condition during the relevant time period, Gullick has failed to demonstrate that his mental condition caused his untimely filing. See Gaston v. Palmer, 417 F.3d 1030, 1034-35 (9th Cir. 2005), modified on other grounds, 447 F.3d 1165 (9th Cir. 2006). Further, any inadequate assistance Gullick received from other inmates is not an extraordinary circumstance that warrants equitable tolling. See Chaffer v. Prosper, 592 F.3d 1046, 1049 (9th Cir. 2010) (per curiam).
Finally, Gullick contends that, because the state courts incorrectly denied his state petitions as untimely, statutory tolling renders his federal petition timely. When a post-conviction petition is untimely under state law, that is the end of the matter for statutory tolling purposes. See *763 Pace v. DiGuglielmo, 544 U.S. 408, 414, 417, 125 S.Ct. 1807, 161 L.Ed.2d 669 (2005).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.