Kenneth Ray Wilson v. Robert J. Hernandez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH RAY WILSON,
Petitioner - Appellant,
v.
ROBERT J. HERNANDEZ,
Respondent - Appellee.
No. 08-55733
D.C. No. 2:06-cv-00596-DDP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
California state prisoner Kenneth Ray Wilson appeals from the district
court’s order dismissing his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction under 28 U.S.C. § 2253, and we affirm.
FILED
JUN 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-55733 2
The district court dismissed Wilson’s petition as untimely and granted a
certificate of appealability on that issue. Wilson fails to address the district court’s
determination that his federal habeas petition was untimely. Even assuming that
Wilson was entitled to equitable tolling, as he argued before the district court, his
petition is still untimely because his petition was never properly filed before the
state courts. See Thorson v. Palmer, 479 F.3d 643, 645-46 (9th Cir. 2007).
Because Wilson’s petition is untimely, we do not address his substantive
claims. To the extent Wilson raises arguments that were not included in his
petition to the district court, they are not cognizable on appeal. See Belgarde v.
Montana, 123 F.3d 1210, 1216 (9th Cir. 1997).
AFFIRMED.

-- 2 of 2 --