Dennis Ray Barnett v. VIMAL SINGH, Warden

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DENNIS RAY BARNETT,
Petitioner - Appellant,
v.
VIMAL SINGH, Warden,
Respondent - Appellee,
and
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; CALIFORNIA
MEDICAL FACILITY, at Solano County,
Respondents.
No. 10-15867
D.C. No. 5:08-cv-01604-RMW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, Senior District Judge, Presiding
Argued and Submitted February 11, 2013
San Francisco, California
Before: SCHROEDER, HAWKINS, and MURGUIA, Circuit Judges.
FILED
FEB 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Petitioner Dennis Ray Barnett appeals the district court’s dismissal of his
habeas corpus petition challenging his conviction for robbery and assault with a
deadly weapon. The district court dismissed the petition as untimely because it
was filed more than a year after the expiration of the state court proceedings. The
district court rejected Barnett’s contentions that he was entitled to equitable tolling
due to his mental illness, cognitive deficits, and inability to obtain legal materials
from his attorney despite alleged diligent efforts.
After the district court decided his case, this court issued its opinion in Bills
v. Clark, 628 F.3d 1092 (9th Cir. 2010). In Bills, we announced a framework for
analyzing equitable tolling claims asserted on grounds similar to those advanced by
Barnett. That inquiry is fact specific and contemplates a broader inquiry into the
relationship between the petitioner’s mental problems and the failure to timely file
the habeas petition. We therefore vacate the judgment and remand the case to the
district court for consideration under the Bills framework.
VACATED and REMANDED.

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