had passed and i think that's critical here well i don't know perhaps i don't need to set up the test but the test for when the static should be economically told is when and the attorney held on to the file i don't think that he could have gotten another attorney to do the case for him quare got it by himself without the file and that's the act of the seed i think if you look again at the letters th wrote to the bar association and meeting a few times and has a conclusion that there were no meritorious issues to raise up which i would certainly contest but that isn't the issue either but he didn't communicate  that would have been impossible to do and that's the real issue here and that's what makes this case different from the fry phase and i would say also if there's any question about the record then i think the proper remedy should to send it back to clarify that there was no over the engineering hearing and in fact the issues have the state is not in my knowledge really disagree with any of the facts they have a must be external to the petitioner and that they made it impossible for him to file a timely petition oh where's the word impossible your honor that's standard is quoted from aranda versus castro to ninety two fred third and at ten sixty seven and that's standard applies here because it was not possible this is not a of such as united states versus one where the attorney told the petitioner i've actually found a petition and when the petitioner contacted the court and they came back to the attorney the attorney again live and said oh no i filed it directly with the judge that's you know relatively complex record what's wrong with the argument that that is sufficient to be an extraordinary circumstance because it used the word impossible makes it impossible for mr spitz and to get another why isn't extraordinary they can have it he can get the documents he needs through other sources he can get a copy of the court of appeals opinion which sets forth the issues you presented to the state court he can get the form to titian from the u s district court or from the prison on my barry he can do research in the prison law library he can go to another attorney and hire another attorney to to develop the case for him and then all he is required to do and that is the excerpts of record fifty two truth fifty three and i believe there are some other documents in the excerpts as well but the vast majority of petitioners but you are still hopeful that some day before the statute has run your attorney will do what you ask your attorney to do this is not the situation or person your honor i can point to two documents both letters there was no response according to the record and i believe the attorney could produce no and they are proceeding few produce an ill written correspondence to his client the the fact is though  there's there's great talk about the fair if you were trying the file even after he got the file in april of two thousand and one which was after the limitations period he waited almost five months to file a petition he didn't f am not very good at math on my fear and i think it would still be untimely because we're seeing he was two hundred twenty five days past the statue of limitations when he did file so unless that time period was two hundred  and i don't think the station get to take the position that a person just has to file something on with the words he gave us corpus petition on it this was a complicated case and quite frankly i think there's some real serious questions mr singh was sixteen years old in a russian immigrants it worth talking about and i think he did everything he could to try to get his final back and the final reasonable petition and that should be told and th