Legal Opinion
Higgins v. Garcia
Court of Appeals for the Ninth Circuit
Decided April 16, 2002No. 00-55791; D.C. No. CV-99-05606-DMTPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM***
Jamie Higgins appeals the district court’s dismissal of his habeas corpus petition. The district court determined that Higgins had not filed within the one-year statute of limitations. See 28 U.S.C. § 2244(d)(1). We affirm.
Absent equitable tolling, Higgins cannot proceed because the one-year statute started to run on November 26, 1996,1 the period from April 18, 1997, to June 26, 1998, is excluded2 but he did not file his federal habeas corpus petition until June 1, 1999.
Equitable tolling is proper only when “extraordinary circumstances’ beyond a prisoner’s control make it…
2Cases cited8 opinions
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
- Michael Allen Bowen v. Ernest Roe, Warden California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 1999
- United States v. MarolfCourt of Appeals for the Ninth Circuit · 1999
- Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's FacilityCourt of Appeals for the Ninth Circuit · 2001
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3Cited by1 opinion
- Ottinger v. GilleyDistrict Court, S.D. California · 2022