United States Ninth Circuit

District court's order dismissing as untimely California state prisoner Curiel's habeas corpus petition is affirmed, where: 1) petitioner is not entitled to statutory tolling of the Anti-terrorism and Effective Death Penalty Act's (AEDPA) one-year statute of limitations during the time in which his state post-conviction petition was pending; 2) because petitioner cannot show that his trial counsel's actions made it "impossible" for him to meet the AEDPA deadline and that such actions were "the cause" of his failure to do so, he is not entitled to equitable tolling; and 3) even if it is true that petitioner could not file his habeas petition until his trial counsel provided him with the trial files, petitioner had ample time to file a protective federal petition, and his pro se status does not change the result.

Appellate Information

• Decided 03/19/2015
• Published 03/19/2015

Judges

• O'Scannlain

Court

• United States Ninth Circuit

Counsel