Gregory Torrez v. State of Arizona Attorney Gene , 420 F. App'x 677 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GREGORY RICHARD TORREZ, No. 09-16577
Petitioner - Appellant, D.C. No. 2:08-cv-00952-NVW
v.
MEMORANDUM *
STATE OF ARIZONA ATTORNEY
GENERAL and CHARLES L. RYAN,
Interim Director of Arizona Department of
Corrections,
Respondents - Appellees.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Arizona state prisoner Gregory Richard Torrez appeals pro se from the
district court’s judgment denying and dismissing his 28 U.S.C. § 2254 habeas
*
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).
petition as untimely. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
Torrez contends that the district court erred by treating his second state
petition for post-conviction relief as a collateral attack on his conviction rather than
as an amendment to his original Rule 32 petition for purposes of calculating the
timeliness of his petition. The district court did not err. See Summers v. Schriro,
481 F.3d 710, 715-17 (9th Cir. 2007). Accordingly, Torrez’s federal petition was
properly dismissed as untimely.
We construe Torrez’s additional arguments as a motion to expand the
certificate of appealability. So construed, the motion is denied. See 9th Cir. R.
22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per
curiam).
AFFIRMED.
2 09-16577