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WREN v. NDOH (2021)

United States Court of Appeals, Ninth Circuit.2021-06-25No. No. 20-16571

Summary

Holding. The court affirmed the district court's dismissal of the habeas petition as untimely, finding no basis for statutory or equitable tolling of the federal filing deadline.

Jeffrey Wren, a California state prisoner, filed a federal habeas corpus petition challenging his sentence on Eighth Amendment grounds and claiming the sentencing court abused its discretion by refusing to strike a prior strike conviction. The district court dismissed the petition as untimely filed. On appeal, Wren sought statutory or equitable tolling of the filing deadline, arguing the limitations period should have been extended. The appellate court found no evidence that Wren filed qualifying state habeas petitions that would have paused the federal deadline under statute, nor did he demonstrate the diligence and extraordinary circumstances needed for equitable tolling under controlling Supreme Court precedent.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether Wren's federal habeas petition was timely filed
  • Whether statutory tolling applied under 28 U.S.C. § 2244(d)(2)
  • Whether equitable tolling was warranted based on due diligence and extraordinary circumstances

Procedural posture

The district court dismissed Wren's 28 U.S.C. § 2254 habeas petition as untimely, granted a certificate of appealability on the tolling question, and Wren appealed pro se.

Authorities cited

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Opinion

MEMORANDUM **

California state prisoner Jeffrey Charles Wren appeals pro se from the district courts judgment dismissing his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see Smith v. Williams, 871 F.3d 684, 686 (9th Cir. 2017), we affirm.

Wrens habeas petition alleged, inter alia, that his sentence violates the Eighth Amendments prohibition against cruel and unusual punishment and that the sentencing court abused its discretion by denying Wrens motion to strike a prior strike conviction. The district court dismissed these claims as untimely, and granted a certificate of appealability as to whether he is entitled to statutory or equitable tolling. The record shows that Wren did not file any state habeas petitions that statutorily tolled the limitations period, see 28 U.S.C. § 2244(d)(2), and he has not demonstrated due diligence or extraordinary circumstances warranting equitable tolling, see Holland v. Florida, 560 U.S. 631, 649, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). The district courts timeliness determination was, therefore, correct.

We treat appellants additional arguments as a motion to expand the certificate of appealability. So treated, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).

Appellants requests for a ruling are denied as moot. All other pending motions and requests are denied.

AFFIRMED.