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115 F. App'x 333

Beasley v. Clarke

U.S. Courts of Appeals

Decided December 8, 2004

U.S. Courts of Appeals · decided 2004-12-08

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 2005

Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Willie Lee Miles v. Kw Prunty Attorney General of the State of California · Sergey Spitsyn v. Robert Moore, Warden

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-08

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¶1MEMORANDUM …

¶2California state prisoner Loyd Beasley appeals pro se the district court’s order dismissing his 28 U.S.C. § 2254 petition for writ of habeas corpus as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo the district court’s decision to dismiss a petition for writ of habeas corpus as untimely, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

¶3Beasley contends that a lack of legal materials relating to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) in the law library at the Pleasant Valley State Prison was a state-created impediment to his timely filing of a federal habeas petition. Alternatively, he contends that this lack of legal materials entitles him to equitable tolling.

¶4Both claims fail, however, because Beasley established no causal connection between any lack of AEDPA library materials and his failure to timely file a federal habeas petition. See Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir.2003) (noting that equitable tolling is not available unless the petitioner shows that extraordinary circumstances actually caused his untimeliness); see also 28 U.S.C. § 2244(d)(1)(B) (stating that the 1-year period of limitation runs from date on which the state-created impediment is removed, “if the applicant was prevented from filing by such State action”).

¶5AFFIRMED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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