which has two primes one severe mental impairment and the other reasonable diligence here mr robertson can satisfy both he has always had low intellectual functioning he has been in special education his entire life and the records in this case demonstrate that he has even in prison so i always need to see students understanding the proceedings that's happening in court and prison and also writing documents as a result he's he wasn't able to do two of the things the bills requires i understand the need to test file a timely federal petition and understand and be able to actually personally prepare and effectuate the filing of a hades petition mr robertson testified at that and she hearing that he did not understand that there were deadlines in this case his only understanding of what he is is that it's a way to get back into court and that he did not ever supervise any of the work here mr robertson testified that he was never able to get assistance when he first arrived in prison that he consistently asked for help because he knew he could not affected a filing on his own but that all the people who were willing to help either wanted sexual favors or wanted to charge at least three hundred or four hundred dollars money that he did not have so he took the assistance that he could afford which was to pay canteen money in this case and that was only to people who were willing to help  been three years over the statute of limitations deadline burnet in clark did their best to exhaust state remedies but by the time that they filed a federal petition the one year such a limitation had already now the district court below found that the assistance of the jailhouse lawyers actually stopped the impairment and that's not the case here this court and bill's specified that lawyers is certainly one factor an important factor it's not the only factor because the all the things that the court must look at is whether or not that person was able to cooperate with and supervise the assistance that was given by the jailhouse lawyers in this case mr robertson testified that he once he got the assistance he did not know it was being filed what court was filed had to file anything and then another inmate told him something for him and told him he had fallen in court but then again he was transferred and didn't know where to file that paperwork so the record  even give you give him the benefit of every doubt which is what the district court did hear and construe and presume that he was incompetent the entire time the petition would still be untimely because he had help from other inmates for more than one year in fact  none of the state petitions told the statute of limitations because they were each denied as untimely the statute ran even if you only consider the time that he had help from anthony clarke but again this is considering the record as favorably as possible the petitioner the fact is he was not incompetent for more than eight and half years if you look at the record there is considerable evidence of his competence first there's education history this is an inmate who has a high school diploma attended community college it's and he took prison he took classes in prison that focus on reading and writing and he maintained the b average and on top of that he scored between a fifth and an eighth grade level that given the inconsistency in his test scores he likely wasn't putting forth adequate effort into his cognitive tests she also found that he was likely much lingering as to mental illness so i think this shows a pattern of low and b he wasn't putting forth likely he likely was not putting forth adequate effort into his cognitive status so in my opinion his height i q finding a fifty two should be invalidated because he wasn't trying hard enough and that again fits into a larger pattern with this inmate of manipulative behavior and of lingering you know he testified at the evidentiary hearing that he did not he did not receive a b average grain of salt and i would also urge your honour's to look at the large paper trail of writing this of handwritten documents in this case as i said in the brief these were written over the course of ten years they were filed across several different prisons and they were all in very similar handwriting and that shows that petitioner likely wrote them himself and in particular i'd like to direct your honor's attention to two documents the first is in the page one nineteen is in the second volume this is sorry the document is in opposition to the motion to dismiss filed by petitioner at salinas valley state prison and the second documents are in the supplemental excerpts the records first volume pages twenty two and twenty three and these are letters written by petitioner to the court to the district court from california he was stating things that were not true at the evidentiary hearing and once again it fits into a larger pattern of manipulation and of lingering again he was sent to a task of their own state prison back in two thousand and five thousand and six and as dr mcdermott found  competent and that he has a history of using the mental health and developmental disability system to try to get what he wants and you can see by the contemporaneous medical reports as well you know he was found to have normal cognitive functions in two thousand and two when he first entered the prison in august two thousand and two he was given a phase three clarke evaluation and he was found that he was found he was not qualified for developmental disability program he was given a follow up evaluation again in april two thousand and three where he was again found not qualified for the development of disability program and one of the things that the evaluators noted was that he had adequate reading and writing skills it wasn't was recovering his mental health and again since two thousand and seven he's been out out of the developmental disability program despite being monitored constantly by prison officials and for the most part his because of the concerns that were raised specifically looked at this issue very carefully and she found that although there were concerns about the milling during have his psychiatric symptoms she had no concerns about the of his intellectual impairment and while there was some discussion about a lack of effort she found that there was consistency is within the testing that he took and that she found that his actual cognitive ability was probably most likely that of a third grade level so even with her knowledge and that there may have been a lack of effort at best mr robertson is still severely intellectually  now responded talks a lot about mr robertson's handwriting and mr roberson testified at the hearing that that was not his writing he was shown several documents and he said i didn't write these some of them he said it wasn't even his signature they're all there so certainly similarities in some of the documents if you look at the documents they're not the same some of the documents even have different people who wrote different portions of the documents and on top of that that doesn't explain why time and time again c c r mental health staff is consistently writing documents for mr robertson and why mr robertson is consistently complaining that he's having to pay any money to other inmates who write documents for him including basic documents like writing letters home mr roberson testified that yes he received a high school diploma but he received it from school at a group home and that he only received it because he was able to play football he also testified that when he tried to enroll in college classes that he had to drop out because he was not able to keep up with the material and the class that mr lee talks about he was actually kicked out of because he discovered that he had a diploma and the class was actually working on whole number operations basic math not reading and writing so into tally the record before this court shows and mr robertson be well actually i'm paired on top of that the report in two thousand and four that is the phase three kind of validation should just under deep under clark this was a phase three evaluation which means that mr robson had had two prior evaluations of phase one in a phase two which consists of cognitive testing and for a person to have a face three evaluation it means that that person has to have scored below an eighty on the first phase one and below a seventy five on phase two and the fact is that although mr robertson was never in it was sometimes provided adapter supports and sometimes he wasn't he was never completely found to be someone who was high functioning by the prison thank you accepted the report but the only thing he relied on in doing this was the fact that i'm mr roberts and did not have finished exhausting mr robertson's claims because the reality was that mr roberson did not have any exhaust claims he had never found a direct appeal so mr clark filed in the in the california court of appeal