Opinion
NOT FOR PUBLICATION
D.C. No. CV-02-03005-TJH(SHS) Central District of California, Los Angeles
Before: B. FLETCHER, RYMER, and FISHER, Circuit Judges.
ORDER
We grant panel rehearing to the following extent:
Delete the language on page 4 beginning at line 8:
In endeavoring to explain the sixteen-month gap between the California Supreme Court§s denial of his petition on February 2, 2000, and his filing a petition with the California Court of Appeal more than sixteen months later on June 5, 2001, Reyes relies on claims he could have raised in state collateral proceedings, but did not.
Insert in its stead:
We are not persuaded that the California state courts, had they been presented with Reyes§ denial-of-access claims, would have found his habeas petitions to be timely. Notably, although Reyes refers to lockdowns occurring frequently, the only prison lockdown that Reyes cites to specifically took place outside the February 2000 to June 2001 period, and there is no indication that Reyes§ prison job or lack of PLU status particularly constrained his access to legal materials during those sixteen months.
Otherwise the petition for rehearing is denied. No further petitions shall be entertained.