United States Ninth Circuit

The district court's denial of a habeas corpus petition as untimely is affirmed, where: 1) petitioner was not entitled to statutory tolling for the 100 days gap between the denial by the California Court of Appeal and the filing of his petition in the California Supreme Court; 2) the district court did not abuse its discretion in finding that petitioner had not established an actual innocence claim; and 3) the district court properly reached its decision without an evidentiary hearing.

Appellate Information

• Decided 11/01/2013
• Published 11/01/2013

Judges

• ZIPPS

Court

• United States Ninth Circuit

Counsel