Court of Appeals for the Ninth Circuit September 13, 2001, No. 00-55557; D.C. No. CV-99-13093-FMC (Ruvalcaba v. Ratelle)

MEMORANDUM **

Agapito Valdivia Ruvalcaba appeals the district court’s denial of his petition for habeas corpus as untimely under 28 U.S.C. § 2244(d)(1). We issued a certificate of appealability with respect to the following issues: (1) Is there an exception to AED-PA’s limitations period for claims of actual innocence? If so, what showing of actual innocence must a petitioner make when no 28 U.S.