What is the test for a motion to release a prisoner who failed to file a timely federal petition?
MultiRegion, United States of America
The following excerpt is from Chance v. Martell, No. 2: 11-cv-0562 GEB KJN P (E.D. Cal. 2012):
For the reasons set forth above, the undersigned finds that petitioner has failed to demonstrate that extraordinary circumstances prevented him from filing a timely federal petition. 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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