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Ratliff v. Smith

United States Court of Appeals, Ninth Circuit
Aug 15, 2003
73 F. App'x 924 (9th Cir. 2003)

Opinion


73 Fed.Appx. 924 (9th Cir. 2003) David RATLIFF, Petitioner--Appellant, v. Vern SMITH, Respondent--Appellee. No. 02-55686. D.C. No. CV-01-00646-LGB. United States Court of Appeals, Ninth Circuit. August 15, 2003

Submitted August 11, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, Petitioner's request for oral argument is denied.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Lourdes G. Baird, District Judge, Presiding.

Before SCHROEDER, Chief Judge, HAWKINS and TASHIMA, Circuit Judges.

MEMORANDUM

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.

California state prisoner David Ratliff appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253, we review de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Ratliff contends that he is entitled to equitable tolling because his attorney delayed returning his trial transcripts for almost four years, delaying his state habeas petition. The contention fails because Ratliff has failed to show that the transcripts were relevant to the claims in his petition. See Miranda v. Castro, 292 F.3d 1063, 1066-68 (9th Cir.) (rejecting equitable tolling claim despite counsel's miscalculation

Page 925.

of the AEDPA deadline), cert. denied, 537 U.S. 1003, 123 S.Ct. 496, 154 L.Ed.2d 399 (2002). Moreover, Ratliff is not entiteld to equitable tolling based on counsel's alleged negligent delay. See Frye v. Hickman, 273 F.3d 1144, 1146 (9th Cir.2001) (denying equitable tolling based on counsel's negligence), cert. denied, 535 U.S. 1055, 122 S.Ct. 1913, 152 L.Ed.2d 823 (2002).

AFFIRMED.


Summaries of

Ratliff v. Smith

United States Court of Appeals, Ninth Circuit
Aug 15, 2003
73 F. App'x 924 (9th Cir. 2003)
Case details for

Ratliff v. Smith

Case Details

Full title:David RATLIFF, Petitioner--Appellant, v. Vern SMITH, Respondent--Appellee…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 15, 2003

Citations

73 F. App'x 924 (9th Cir. 2003)