The following excerpt is from Ontiveros v. Subia, No. 2:07-cv-1441 JAM DAD P (E.D. Cal. 2014):
The primary evidence that petitioner refers to in support of his claim of a learning disability is a senior psychologist's determination that petitioner should be exempted from taking written examinations for a prison trade. However, that determination was made in 2000. Records that pre-date or post-date the 2005 and 2007 filing periods at issue in this case are of limited relevance in proving that petitioner's disability prevented him from timely filing his federal habeas petition. See Laws v. Lamarque, 351 F.3d 919, 923 (9th Cir.2009) ("After a hearing Laws was adjudicated competent to stand trial in 1993, notwithstanding evidence of serious mental illness. But that determination has little bearing on his competence vel non during the period 1996-2000" i.e., "the years when his petitions should have been filed."); see also Tyes v. McEwen, No. 2:12-cv-1755 TLN DAD P, 2013 WL 1832713 at *5 (E.D. Cal. May 1, 2013) (medical/mental health reports stating that petitioner functioned at mentally retarded range of intelligence was of limited relevance since the evaluation was conducted in 1988 when petitioner
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was fourteen years of age); Avila v. MacDonald, No. CV 11-05333-MMM (SH), 2011 WL 6937350 at *3 (C.D. Cal. Nov. 1, 2011) (documents from 2004 filed in support of petitioner's claim for equitable tolling have no bearing on petitioner' s mental state after his conviction became final in 2008).
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