The following excerpt is from Cejas v. Yates, No. 2:08-cv-2494 KJM EFB P (E.D. Cal. 2012):
Petitioner contends, however, that his new claims are not barred by the statute of limitations because he is entitled to equitable tolling. A petitioner is entitled to equitable tolling only if he shows (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance prevented him from timely filing. Holland v. Florida, ___ U.S. ___, 130 S.Ct. 2549, 2562 (2010). It is petitioner's burden to present facts showing that he is entitled to equitable tolling. Miranda, 292 F.3d at 1065.
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