Is petitioner entitled to equitable tolling based on his medical records?

MultiRegion, United States of America

The following excerpt is from Valles v. Virga, No. 2: 13-cv-0362 TLN KJN P (E.D. Cal. 2013):

For the following reasons, the undersigned finds that petitioner is not entitled to equitable tolling based on his medical problems. The medical records demonstrate that petitioner has suffered from serious medical problems. However, the medical records do not demonstrate that the medical problems were the cause of petitioner's untimeliness. Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003) ("The prisoner must show that the 'extraordinary circumstances' were the cause of his untimeliness.")

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