diligence earlier in the post conviction process because apparently that occurred here so i think the ambala case that was just decided on in march of this earth davis makes clear that petitioners do have to show diligence throughout the entire one year statutory period i admit that the record does provide evidence that mr keller was acting diligently during the three hundred and sixty line in certain areas and not and other areas so i mean it would seem that we have the same standard everyday view on each of them and because we don't maybe  you know how how are we and it's not to know i don't think on that it's not it's not you know i think it's a clearly erroneous standard and the district court clearly aired and feeling i mean they don't even mention the fact that mr teller was with all his transcript had to show diligence under grant versus worked out he only would have had to show diligence after the extraordinary circumstance had been left it and so because because it was unclear what period of time petitioner had to show hundred and sixty work day period it took for him to file his in his initial court issued the decision it would have not time to file within the three hundred and sixty five dollars is that correct as correct because of mr keller is mental illness because he was separated from his files because he basically they only had four months from the time she obtained just transcri caused by the lack of finding out about the supreme court's decision and you had enough time to file it if you don't doubt on the same day that the supreme court issued its decision right that's correct the only the only correction or  those circumstances including his medal haul cognitive issues his separation from his trial isles and his inability to obtain his transcripts until july two thousand right so why don't you tell me just if i write clearly was to reject the stop start method of computing equitable poll and that's the real problem here is that although the eight days at the end would seem to push mr keller up to the wall  the point is if you don't bank time you have to look at the entire spread of time and and the court is this court has always said that we vs biters said ordinarily issue must act with reasonable diligence both before i've seen in my day so i'm going to say that i'm in we see some pretty bad dilatory people so i'm wondering i mean one day is kind of remarkable but how does the state be harmed if we determin days of mail service so in addition to those ten days sixty two days to file a petition it's not significantly different than the spirit corp and you add on to that all the time s the time it takes for him to file and receive notice of of this of the state courts opinion so how do we know what signed limit that it is well little notice has always been looked at as notice of general mailing notices always been looked at as part and parcel of the one year that's never been extraordinary situation waivers biter ramirez all those cases talk about situations where you have an extended unexplained and delay are circumstances you haven't come close to and i would like to focus on my colleague statements about mental disability mental health delays there is no support in the record for any of these claims the statement about mental health and th grade reading ability asquare leveraged acted on the record of this case when mr keller complained about lack of access to  prison library services there was a full out hearing with three levels of appeal the senior librarian interviewed her because she was worried about this th grade reading statement in this file she interviewed him personally questioned him about whether he understood it was just a she called it his appeal but as a legal matter and found that he understood them perfectly well needed no assistance he found that the  grade reading level was not reliable there's been no showing zero showing of mental health problems and my colleague and in the papers have relied on a finding by trial  subtracted from the one year limit it's not subtracted your honor it's just built into the one year you have to show something that is extraordinary if you want the one year period in compassed as this court put it in chapter and prosper right i am your time to ask but if either of my colleagues have any additional questions i want to permit them i had been diagnosed with bipolar disorder and had been taking medication for it on at least two years before he even conducted committed this offense and that in iraq birds report which are included in the  illness is not something that he came up with and as an incentive to have a stand it to these hearing or something that he just came up empty who found it when it when he found it and one day when he i mean he can do things he times when mr keller for example was able to represent himself on appeal with respect to a library matter but i'm bipolar disorder is is an illness that boxes and waves and we don't know how all the mental illness was impacting  time has expired we actually went a little bit over thank you beth your arguments in this matter and it will stand submitted thank you