Paul Carrillo v. Matthew Cate , 404 F. App'x 218 ( 2010 )

FILED
NOT FOR PUBLICATION NOV 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PAUL CARRILLO, No. 09-56527
Petitioner - Appellant, D.C. No. 3:08-cv-02165-LAB-
POR
v.
MATTHEW CATE, Warden and JERRY MEMORANDUM *
BROWN, Attorney General,
Respondents - Appellees.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
California state prisoner Paul Carrillo appeals from the district court’s
judgment dismissing his 28 U.S.C. § 2254 habeas petition as untimely. We have
jurisdiction under 28 U.S.C. § 2253, and we affirm.
*
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).
Carrillo contends that the district court erred in dismissing his petition as
untimely because the one-year limitations period set forth in 28 U.S.C.
§ 2244(d)(1) does not apply to petitions challenging administrative decisions. This
contention is foreclosed by Shelby v. Bartlett, 391 F.3d 1061, 1063-65 (9th Cir.
2004). To the extent that Carrillo is requesting us to overturn the holding of
Shelby, we may not do so. See United States v. Camper, 66 F.3d 229, 232 (9th Cir.
1995).
The pro se motion to file an amicus brief received by the court on September
8, 2010, is deemed filed and is denied.
AFFIRMED.
2 09-56527