Enver Karafili v. James Tilton

449 F. App'x 633

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 7, 2011
• Docket: 09-55388
• Status: Unpublished

Opinion

MEMORANDUM **

Enver Karafili appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as untimely pursuant to 28 U.S.C. § 2244(d)(1). We affirm.

The district court did not err in finding that Karafili’s mental condition was not so severe that he was unable to file a timely federal petition. See Bills v. Clark, 628 F.3d 1092, 1099-1100 (9th Cir.2010). As for Karafili’s limited English skills, the record does not establish that he requested and was unable to obtain a translator or that it was his limited English skills that caused him to file an untimely federal petition. Cf. Mendoza v. Carey, 449 F.3d 1065, 1071 (9th Cir.2006). Equitable tolling was correctly denied.

We decline to certify the uncertified issues raised by Karafili.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.