U.S. Court of Appeals for the Ninth Circuit, 2012

Marlowe Brown v. U.S. District Court

Marlowe Brown v. U.S. District Court
U.S. Court of Appeals for the Ninth Circuit · Decided February 22, 2012 · Fernandez, McKeown, Bybee
468 F. App'x 768

Marlowe Brown v. U.S. District Court

Opinion

MEMORANDUM **

California state prisoner Marlowe Brown appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

The district court properly dismissed the habeas petition as untimely, as it was filed after the one-year statutory limitations period had ended. See 28 U.S.C. § 2244(d); Banjo v. Ayers, 614 F.3d 964, 967-69 (9th Cir. 2010).

We construe appellant’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22 — 1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

AFFIRMED.

**

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

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