counsel is there any case that says that the statute gets told as long as there is not a library in the language of the particular petitioner no no and i would think a lot of a lot of people who are in prison aren't that smart and a lot of them didn't do that well in school or any case that since the statute is told that the prisoner is illiterate or has poor reading skills would mean and you educate me if it doesn't mean that i think it would mean that every a literate christian or in every prisoner whose language that he reads in his other than the language of the books in the prison law library would have no talked to and in this case the impression i get is that he was sort of left on his own to go find somebody who was bilingual whether or not the materials were in spanish unless you can find somebody he can talk to who can then translate or do something for him he used to at least for me is the bilingual problem but the unilingual are monolingual problem of the person trying to get access he claims to cry to use the reception library only to find carry no spanish books and was specifically told by the person who ran the library that this was a reception center library and he would have to wait until he got to his regular in the prison and accessible to him from his filing of i think it's dozens of declarations that are in english by people each of whom swears that he is a spanish speaking person and spanish reading person and  really the crux of the district court's ruling a man straight down that you know you end up filing all the sin in english so therefore you know that he therefore you know that can and we can whether it is not just that his filing is in english it's that he files sworn statements from numerous people who represent that they are behind lingle right well what the state of the record is that it was not until may of two thousand and three that delivery of anybody who can translate for him so he can make the judgments even if he can't read somebody can read to him well what's the veil ability he what he said was he became very discouraged and it sounds like he didn't do anything he didn't look around he didn't try to find anyone violent well and then a calling claim is highly fact pending and in rizal and addressing that and looking at that making that inquiry there are two things i'd like the court to focus on the first is how the district court responded to petition there's initial  penalty of perjury is lining up from and this is the most important part you must describe specifically the nature and duration of any extraordinary circumstances and their consequences including property the information or maybe a literate or there may be slow witted but at least they got somebody translating for them so what's this person supposed to do he's supposed to go out in the prison yard and search around for somebody who's capable of speaking spanish and those are not included to be able to go find out where the relevant information is that he needs that correctly stakes part of the state so it's really the burden is on the prisoner to go find somebody to help him the state treasurer says when you get to the court proceedings i think self non english speaking person is entitled to have an interpreter so they can understand what's going on now why don't you have the state have the same no alternative source that you can turn to there's there's no allegation there's allegation that in the library and no let's press there's actually the declaration by petition belie that assertion and i'd like to point the court to the excerpts of record a twenty three in twenty four now once petitioner got to the prison he says there's no books in spanish except c c r title fifteen material so actually the worst the spanish language materials in the library you can see arms regulations right  i understand that and but i'm he then returned quote several times to find someone who could help him and his only allegation is that neither the claim that the clerks could not speak spanish and the librarian cannot speak spanish and here's the key part most of the other inmates not all most of it inmates in the library and this is on the three or the several occasions he's there were not spanish speaking that's a concession i would believe that the library  english exactly and that's his words that's his declaration when he was in the library on the several occasions now that's the sum total of this record after being a very giving a very pointed always see by the district court to come forward with the particulars of his case to demonstrate how he was denied access that doesn't demonstrate that there's that's not an extraordinary circumstance beyond his control and then beyond that obvious says it's he doesn't give any dates but he said he then became very