fashion so this is not a case of someone who has sat on their own his rights ok which is really part of the point which is that waiting two years to bring this one was unreasonable although that wasn't a matter of sitting on his rights during that two year period your honor that was a matter of he had already done everything he could do he had already asked his appointed appellate lawyer cynthia thomas what had happened just for as exhaustion and she had already assured him oh we did a jointer everything was fine and she did not check her files and in fact the only thing that triggered a change in that was my getting retained and involved in the case now i'm not sure what he is the more he is the prisoner could have done he had already approached his lawyer and confronted her he had already raised the issues with the courts on top of that his language barrier while not a layman dispositive of the issue is certainly a factor that must be played into the reasonableness determination here so imagine your honor being in a foreign country not so adept with language not sophisticated having taken great pains to do everything right in the first place then things are going wrong you don't understand why the prison diligently do things despite the handicaps that he was under but he sat on his rule sixty b motion for two years and that was unreasonable not that yes only if you omit the crucial fact that the filing of his state petition ultimately proved to be a interact in other words he was diligent he wasn't capable even putting forth his diligent use the all the resources that it didn't cut it in terms of navigating complex federal habeas procedure did it i mean back to the ed but question someone has waited two years without much of an explanation and so the question is why do we think judge briar abused his discretion what else would you have had him do would you have him  and keep pounding the courts when they had already told them no what you've done is wrong you procedurally defaulted he had no clue what to do he did everything he could think of and then he had no clue what to do what more do we even want him to do to even one per se petitioners to keep piling in filing and filing when they've already been spun about and turned upside down by the system between double layer missed advisement c d c losing their papers he doesn't want to be really and you know it's not a half bad idea what he did  decide to do which was you know something i think i'd better learn the language here i think i'd better learn english and educate myself and then see what i can do because with the education that i have right now and what i've got in between my years right now it's just a waste of other people's time that they're shutting me down and telling me i'm doing here wrong and can and can't have my case considered because because i'm i'm not doing it right i don't know what to do maybe i'd better learn the language educate myself and that's what he did that's what he did he hit the books and in two thousand and three he got his ged which card bless them i still don't know how he deprived of advisements to which he should have been intitled from the bigger picture point of view over the way this court was running things for part of that time he actually was to product in terms of the custom practice of what was actually going on here in the ninth circuit in that is days course he didn't have anybody to point this out to him and he didn't have any ability to find it out  he contacted his lawyer and said hey what's going on strike you're fine and here he's fine educated doesn't speak the language very well from another and thinks how how could they be how could how could it be that all these people are wrong how could it be that they're all wrong i don't want to insult anybody i'm not sure what to do and in fact as a matter of policy council says that the defendant was inept the defendant was not and that the defendant did exactly what he was supposed to do he followed the court's order to go back and exhausted and exhausted claim  part of the discussion has nothing to do with a it's been around a long time he understood it and he showed his competence by filing a perfectly appropriate and intelligent petition then after that was denied he did nothing for two years even though the court had instructed him to come back and file your properly exhausted petition in federal court so there is no question that this person demonstrated his competence although he did get his ged degree i believe it was six or nine months more aggrieved by this or prejudiced by this evidence that should have been admitted that's not the case i don't accept that but even if it were the case the power has given like cases that said if you have a reasonably reliable confession and you exclude that that is a due process violation in no way could this evidence here be conceivably  equitable tolling that alone is reason let alone all the other particulars your honors please don't let this be one of those classic cases of procedural uncertain