is just pop that into the federal magistrate stated recommended that the petition be dismissed because her allegations were were very lacked specificity and that she didn't show how the medications prevented her from filing a timely do to file a timely petition is to say look i was on drugs what the magistrate judge did was to say look you file nine petitions in california during that very you say you couldn't do anything because you were drugged up rules were just were equitably told to a certain degree because she was handicapped because she had been assigned to the mental health unit where she received an additional eventually c during the entire time she was in pretrial detention she claims she was there had been medicated with these drugs that rendered her for the most part incompetent to ple filed a piece of paper or whatever it was power for new court june fourteenth one thousand nine hundred sixty which she said she was under the influence of psych drugs yes now there is no reason that occurs to me why she couldn't have popped that same piece of paper into the federal system which would have been timely because you are so we're looking to utilize why my impression is wrong well what we're trying to removed and that and also we submit that the impediment that the my client was not able to discover at the predicate facts in this case until she got the the medical records they were not never forthcoming from the sheriff's department during the tire time that she was pursuing her collateral action so we submit that the federal habeas petition never drugs that she claimed she was on i believe she also did that in connection with her state petitions beginning in two thousand and two so she knew the information that she needed to allege and all she needed to do was make the allegation and then seek the discovery and she could have informed the federal court that she had been unsuccessful in obtaining copies of her medical records and employed the court to allow her to get those discovery however she waited and especially during the time of four years and eight months during which she absolutely nothing in any court she simply waited too many years to found her federal petition despite the fact you knew the information in the records and that's really what i believe is crucial to the question here which is that she knew the her allegations were too big she never specified for this incredibly long period of time why it was that from ninety six to ninety seven despite you know engaged in this she was on the medications at that time she could raise all her complaints and in fact she didn't say you didn't prove your allegations she didn't say you haven't offered me any medical records you haven't provided documentary support he says the allegations themselves are too big and the basis of that was she claimed i've been on tried to obtain copies of her medical records but even before then she had already started alleging her factual complaints regarding the medications at the time of her plea regarding returning misled me regarding a failure to investigate so she knew all that information already and included it in her application to finally notice of appeal and so there's really no reason for why she couldn't have alleged the same things she found alleged in two thousand and four for those seven years in federal court  distinction here between knowing that you have the basis for a claim a legal basis and the factual basis and evidence needed to prove your claim and i submit that i cited three  show that it's not enough just to know that you have a claim you have to be you have to have the facts to support it and these are constitute the predicate and the predicate facts constitute those documents i started had been no no there had been no no this filed until i didn't file papers saying i know there's been no notice filed i mean with waiting for the proof he didn't know about the underlying problem