Can a state habeas corpus petition be revived if it was filed before the expiration of the statute of limitations?

In the instant case, petitioner did not file any state habeas petition until May 2014, at the earliest. A state habeas corpus petition filed after the expiration of the statute of limitations does not revive it. See Ferguson v. Palmateer, 321 F.3d 820, 823 (9th Cir. 2003). Therefore, as respondent points out, petitioner is not entitled to any statutory tolling while his state habeas corpus petitions were pending in state court.⁵ His federal petition remains untimely unless petitioner is entitled to equitable tolling.

A court may equitably toll the statute of limitations if petitioner demonstrates: 1) the existence of an "extraordinary circumstance" that prevented him from timely filing; and, 2) that notwithstanding such an impediment he was diligently pursuing relief. See Holland v. Florida, 560 U.S. 631, 649 (2010). "[T]he threshold necessary to trigger equitable tolling ... is very high, lest the exceptions swallow the rule." Miranda v. Castro, 292 F.3d 1063, 1066 (9th Cir. 2002) (internal citations and quotations omitted). In this case, the court finds that petitioner has failed to demonstrate the existence of an extraordinary circumstance or the diligence necessary to justify equitable tolling.