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BILLS v. CLARK

No. 08-17517.

628 F.3d 1092 (2010)

Jimmy Lee BILLS, Petitioner-Appellant, v. Ken CLARK, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2010.

Attorney(s) appearing for the Case

Marylou Hillberg , Sebastopol, CA, for the petitioner-appellant.

Robert Gezi , Deputy Attorney General, Edmund G. Brown, Jr. , Attorney General of California, Michael P. Farrell , Senior Assistant Attorney General, and Julie A. Hokans , Supervising Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for the respondent-appellee.

Before: MICHAEL DALY HAWKINS and RAYMOND C. FISHER, and TIMOTHY M. TYMKOVICH, Circuit Judges.

OPINION

TYMKOVICH, Circuit Judge:

This case requires us to consider when a petitioner's mental condition may constitute an extraordinary circumstance justifying equitable tolling of the untimely filing of a habeas petition. We conclude equitable tolling is permissible when a petitioner can show a mental impairment so severe that the petitioner was unable personally either to understand the need to timely file or prepare a habeas petition, and that impairment...

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