motion is rejected because of the failure of a proof of service mr pitts doesn't know about this because of course he's spirited away to another state to testify in the case and then his travel is interrupted by the september the eleventh attacks so he gets back and he realizes nothing's happened on this case we thousands subsequent motion to reconsider another rule sixty b and the district court on november thirtieth says well you know i'm rejecting this you're invited to file a new petition do what you want but this case is closed and mr pitts does so and he does so eighteen days late if mr pitts does not follow pfeiffer equable tolling i'm not sure who would you from the attorney general which was clearly destined to fail to the kansas senator paul object to the university of wisconsin what are the merits of his underlying claim he's got a couple of good ones i mean his is underlying cla his motion for self representation why does he need statement turiaf for that one i mean he just doesn't have the form you have to file it is a form in california that you file it's not just you don't just write a letter read a piece of paper like like a like a ten forty form or something like that i mean actually like ok well well that's not going to be in the book you need to get that from somewhere else don't you well no actually the state prisons generally have the forms need to file just like the and when you're in federal custody you can go to the m c c and say i want to twenty to fifty five form and they give it to  ok but i understand your problem to be not the not the forms it's the books well yeah he wants also know the relevant law but he does i mean it's the form that he largely seeks in fact that's what he writes counsel for you but i didn't understand your petition to say that the deficiency was a lack of the paper form while i sit still on the jury also i guess maybe i thought i thought it was a library problem that he didn't get a lot of books well yeah i mean i guess i understood his statement being law books to be inclusive of law materials being inclusive of that i think they were dual problems i think that the they had neither of those things a d s florence does not carry state law materials is what the affidavit from this my yes in that they refer them out and it is true that i mean he does talk in terms of you know it's not that the letter had to spend some time in the mail it wasn't was an instant messaging it was going from eighty explants to california back to eighty x florence so this guy is i mean if you just look at what he did he's acted with alacrity i mean there's no reason to because he never exhausted the failure of appellate counsel to obtain certain breaking material which you know does are fairly difficult claims to make describe the circumstances around the detain or not in florence for a federal be doing a forty nine year term and he's the conviction he's attacking is the state court which is on top of what is there in fact that the painter yeah ok yeah he mean he has a double life sentence in california which is the subject of this particular hades he's got forty nine uninterrupted years and eighty exploits to serve before he ever gets the california prison a name the attorney general as the i'm talking about yeah well you know and had mr and mr pitts been allowed to represent himself a trial i'm sure things would have turned out differently and i mean the thing about the trial is that's actually a legitimate claim i mean what happens is that trial mr pitts looks at  petition was against the attorney of state attorney and you're right and if you're a pro se litigant with a you know sixth grade education you might think that the prosecutor is the person that you're supposed to do you know attack even though that's obviously incorrect but we always just s that i'd like to reserve my remaining time thank you just doing it on his own time partly but he still within the time limits but the point is that you know he's past the statute of limitations had already expired no i mean when he used went after it after the the case was dismissed improperly he still he still has legitimate time yes he still has over four months to file this this state extension or file a new federal petition is within his rights to take every day of that if he wants that is true that is correct really blew it by eighteen days when he finally comes back well that's not necessarily the state petition eighteen days after usually the state of the statue of limitations expired however that would necessarily made this current petition timely at that point in time petitioner waited matter however petitioner has the burden to prove that acquittal equitable toland is necessary or is permitted in this case there is no indication in the record whether petitioner created this extraordinary circumstance  transfer from prison to prison with a limited time twenty one days and our courts have routinely held that travel between prisons and lockdown is not an extraordinary circumstance furthermore materials through prior to december two thousand and one through the attorney general's office so that state or the can't university of kansas defender project from december two thousand and one on it was through the university of wisconsin legal assistance program petitioner provides no information or no documentation that he made a request for statement serials from the prison until two thousand and three when he actually provides a letter that was written to  the proper name on the army petition at that point in time it is to be either the warden that is in help of course he's in colorado not in california prison or the director of the department of corrections for the state of california respondents respondent has constructive custody over petitioner even though he's currently at the united states penitentiary well if the attorney general has custody of petitioner by reason of education or why isn't  party to be named in the case so it would seem to reason that that wasn't a proper just reason to dismiss maybe the first petition but regardless of that situation petition or feel that you exercise due diligence i is some extraordinary circumstance stand in his way well as the supreme court so often does in its article ways it says these things without giving us a whole lot of content as to what that means i mean what constitute