Randy Eric FULLER, Petitioner-Appellant, v. T. FELKER, Warden, Respondent-Appellee, 393 F. App'x 477

MEMORANDUM California state prisoner Randy Eric Fuller appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. Fuller contends that his federal petition was timely because he is entitled to equitable tolling due to a prison lockdown, which inhibited his access to the prison law library. This contention fails because Fuller’s lack of access to the law library, per se, was not an extraordinary circumstance that might have caused the untimeliness of his petition. See Ramirez v.

Yates, 571 F.3d 993, 997-98 (9th Cir.2009). In the alternative, Fuller contends that he is entitled to an evidentiary hearing. Fuller’s reliance on Whalem/Hunt v. Early, 233 F.3d 1146 (9th Cir.2000) (en banc) is unavailing because, unlike Whalem/Hunt, even if Fuller’s allegations are true, equitable tolling would not be warranted. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.