Does a lack of Spanish language legal materials prevent petitioner from timely filing a federal habeas petition?

Third, petitioner establishes no causal connection between the lack of Spanish-language legal materials and his failure to timely file a federal habeas petition. See Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003) (noting that equitable tolling is not available unless the petitioner shows that extraordinary circumstances actually caused his untimeliness). Given the lack of evidence on causation and petitioner's apparent ability to read, write, and speak English at a proficient level, the court has no reason to believe that a lack of Spanish-language legal materials prevented him from filing the instant petition for more than six years past the deadline.

Because petitioner has not met the"very high threshold" of establishing that extraordinary circumstances beyond his control were the cause of his untimeliness, the court finds no equitable tolling on this basis. Nor given this record is an evidentiary hearing required. See Schiriro v. Lundgren, 550 U.S. 465, 474, 127 S. Ct. 1933, 1940 (2007).