United States Ninth Circuit

Dismissal of petitioners' federal habeas petitions as untimely is remanded for an evidentiary hearing on their equitable tolling claim where they made sufficient allegations that they pursued their claims diligently and faced extraordinary circumstances once they were transferred to an Arizona prison facility which allegedly had a woefully deficient law library. (Amended opinion, rehearing en banc denied)

Appellate Information

• Argued 12/05/2005
• Decided 09/22/2006
• Published 09/22/2006

Judges

• Before JAMES R. BROWNING, DOROTHY W. NELSON, and DIARMUID F. O'SCANNLAIN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anthony D. Bernstein, Portland, OR, for the appellant.


• For Appellees:
  
• Erin C. Lagesen, Assistant Attorney General, Salem, OR, for the appellee.