Maximilliano CISNEROS, Petitioner-Appellant, v. Renee BAKER; Nevada Attorney General, Respondents-Appellees, 623 F. App'x 313

MEMORANDUM Cisneros appeals the district court’s determination that he was not entitled to equitable tolling of the statute of limitations applicable to his federal habeas petition, see 28 U.S.C. § 2244(d), and its dismissal of the petition. We affirm. The district court did not err in concluding that Cisneros’s attorney’s miscalculation of the filing deadline was the sort of garden variety negligence that does not entitle a petitioner to equitable tolling. See Holland v. Florida, 560 U.S. 631, 651-52, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010); Miranda v. Castro, 292 F.3d 1063, 1067-68 (9th Cir. 2002); Frye v.

Hickman, 273 F.3d 1144, 1146 (9th Cir.2001). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.