Yeh v. Biter

9 Citing cases

  1. Henderson v. Gonzalez

    594 F. App'x 353 (9th Cir. 2015)   Cited 1 times

    Yow Ming Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.) (mental impairment was not "so severe" where petitioner "repeatedly sought administrative and judicial remedies, and . . . showed an awareness of basic legal concepts"), cert. denied sub nom. Yow Ming Yeh v. Biter, 135 S. Ct. 486 (2014). Henderson's mental impairment was not comparable to the severity of impairment described in Forbess v. Franke, 749 F.3d 837, 840-41 (9th Cir. 2014).

  2. Scott v. Fox

    No. 2:18-cv-2687 TLN KJN P (E.D. Cal. Jan. 8, 2019)

    Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."

  3. Gilardi v. Ryan

    No. CV-17-00609-TUC-RM (BPV) (D. Ariz. Aug. 29, 2018)   Cited 2 times

    The time for filing a habeas petition is tolled if a petitioner demonstrates "(1) the petitioner pursued his rights diligently, and (2) an extraordinary circumstance prevented timely filing." Yow Ming Yeh v. Martel, 751 F.3d 1075, 1077 (9th Cir. 2014), cert. denied sub nom., Yow Ming Yeh v. Biter, 135 S. Ct. 486 (2014). "This is a very high bar, and is reserved for rare cases.

  4. Atzet v. Paramo

    No. 2:17-cv-1399 MCE KJN P (E.D. Cal. Jun. 7, 2018)   Cited 4 times
    Finding state court petition rejected for being successive with citation to In re Clark was not properly filed and did not toll the statute of limitations

    '" Stancle v. Clay, 692 F.3d 948, 959 (9th Cir. 2012) (quoting Bills, 628 F.3d at 1100 n.3.) "The mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. As argued by respondent, the framework governing the evaluation of mental impairments is also useful in evaluating whether petitioner's medical conditions warrant equitable tolling.

  5. Broxton v. Arnold

    No. 2: 16-cv-1548 GEB KJN P (E.D. Cal. May. 11, 2017)   Cited 1 times

    "This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."

  6. McCoy v. Pfeiffer

    No. 2:16-cv-0642 KJN P (E.D. Cal. Mar. 20, 2017)

    "This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. ////

  7. Blocker v. Soto

    No. 2:15-cv-1416 KJM KJN P (E.D. Cal. Mar. 9, 2017)

    "This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."

  8. Porteous v. Fisher

    No. 2:15-cv-1817 GEB KJN P (E.D. Cal. Aug. 10, 2016)   Cited 1 times

    "This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yow Ming Yeh v. Mattel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yow Ming Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."

  9. Vue v. Beard

    Case No. ED CV 15-00165 VBF (JCG) (C.D. Cal. May. 4, 2015)

    Yeh v. Martel, 751 F.3d 1075, 1077 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 83 U.S.L.W. 3286, - U.S. -, 135 S. Ct. 486 (2014). Simply put, the threshold for triggering equitable tolling is exceedingly high.