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No. 8629404
United States Court of Appeals for the Ninth Circuit
Judge v. Adams
No. 8629404 · Decided March 16, 2007
No. 8629404·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 16, 2007
Citation
No. 8629404
Disposition
See opinion text.
Full Opinion
MEMORANDUM * There is no dispute that Judge’s petition for habeas corpus was untimely under 28 U.S.C. § 2244 (d)(1). Because Judge has not shown that ‘“extraordinary circumstances beyond [his] control ma[d]e it impossible to file a petition on time,’ ” Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003) (quoting Brambles v. Duncan, 330 F.3d 1197, 1202 (9th Cir.2003)), he is not entitled to equitable tolling. Ordinary attorney negligence is not enough to toll the limitations period, “ ‘lest the exceptions swallow the rule.’” Id. (quoting Miranda v. Castro, 292 F.3d 1063,1066 (9th Cir.2002)). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM * There is no dispute that Judge’s petition for habeas corpus was untimely under 28 U.S.C.
Key Points
01MEMORANDUM * There is no dispute that Judge’s petition for habeas corpus was untimely under 28 U.S.C.
02Because Judge has not shown that ‘“extraordinary circumstances beyond [his] control ma[d]e it impossible to file a petition on time,’ ” Spitsyn v.
03Duncan, 330 F.3d 1197, 1202 (9th Cir.2003)), he is not entitled to equitable tolling.
04Ordinary attorney negligence is not enough to toll the limitations period, “ ‘lest the exceptions swallow the rule.’” Id.
Frequently Asked Questions
MEMORANDUM * There is no dispute that Judge’s petition for habeas corpus was untimely under 28 U.S.C.
FlawCheck shows no negative treatment for Judge v. Adams in the current circuit citation data.
This case was decided on March 16, 2007.
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