NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 13 2009
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JOSE MONTANEZ, Jr., No. 07-56726
Petitioner - Appellant, D.C. No. CV-07-00091-GW(PLA)
v.
MEMORANDUM *
TOM FELKER, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
George H. Wu, District Judge, Presiding
Argued and Submitted November 6, 2009
Pasadena, California
Before: SCHROEDER and IKUTA, Circuit Judges, and SEDWICK, ** District
Judge.
Jose Montanez, Jr., is a California state prisoner appealing the district
court’s dismissal of his 28 U.S.C. § 2254 petition as untimely. Petitioner is not
entitled to equitable tolling, because he has failed to show diligence. See Bryant v.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable John W. Sedwick, United States District Judge for the
District of Alaska, sitting by designation.
Ariz. Atty. Gen., 499 F.3d 1056, 1061 (9th Cir. 2007). The district court did not
clearly err in finding that petitioner did not demonstrate that he requested his legal
materials while in Administrative Segregation or made any effort to prepare a
petition before such Segregation.
AFFIRMED.
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