Nobles v. Porter
This text of 328 F. App'x 439 (Nobles v. Porter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Washington state prisoner Willie Nobles appeals from the district court’s judgment [440]*440denying his 28 U.S.C. § 2254 habeas corpus petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Nobles contends that he is entitled to equitable tolling for his reasonable reliance on Dictado v. Ducharme, 244 F.3d 724, 727-28 (9th Cir.2001), abrogated by Pace v. DiGuglielmo, 544 U.S. 408, 125 S.Ct. 1807, 161 L.Ed.2d 669 (2005). However, even with the benefit of equitable tolling based on this reliance, Nobles’ petition is time-barred. Cf. Harris v. Carter, 515 F.3d 1051, 1055-56 (9th Cir.2008).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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328 F. App'x 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nobles-v-porter-ca9-2009.