FILED
NOT FOR PUBLICATION OCT 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
WILLIAM LANDRUM, No. 08-17771
Petitioner - Appellant, D.C. No. 2:07-cv-00952-JWS
v.
MEMORANDUM *
LAURA SCHWEITZER; STATE OF
ARIZONA ATTORNEY GENERAL,
Respondents - Appellees.
Appeal from the United States District Court
for the District of Arizona
John W. Sedwick, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Arizona state prisoner William Landrum appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition for untimeliness.
We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Landrum contends that several extraordinary circumstances prevented the
timely filing of his federal habeas petition and that equitable tolling was warranted.
This argument is waived because it was not properly raised before the district
court. See United States v. Carlson, 900 F.2d 1346, 1349 (9th Cir. 1990).
Furthermore, Landrum was not entitled to equitable tolling. See Rasberry v.
Garcia, 448 F.3d 1150, 1154 (9th Cir.2006) (“[A] pro se petitioner’s lack of legal
sophistication is not, by itself, an extraordinary circumstance warranting equitable
tolling.”).
AFFIRMED.
2 08-17771