prior conviction, to be served consecutively as required by the Three Strikes law. Cal. Penal Code �� 667(c)(6), 1170.12(a)(6). Andrade will not become eligible for parole until 2046, after serving 50 years; he will be 87 years old.

Andrade appealed to the California Court of Appeal, which affirmed his conviction and sentence on May 13, 1997. In an unpublished opinion, the court rejected, among other arguments, Andrade's claim that his sentence was cruel and unusual under the Eighth Amendment. The California Supreme Court denied Andrade's petition for review without comment.

Subsequently, Andrade filed a timely pro se petition for a writ of habeas corpus in federal district court under 28 U.S.C. � 2254. He raised several constitutional issues, including violation of his Eighth Amendment right. The district court denied his petition in a two-sentence order adopting the magistrate judge's Report and Recommendation which stated that "the state court['s] conclusions . . . were reasonable applications of federal law." The district court entered judgment on February 19, 1999.

On March 17, 1999 (25 days later), Andrade deposited in the prison mail system a Motion for Order Extending Time for Appeal, in which he requested a 60-day extension of time to file his notice of appeal. In a supporting declaration, Andrade explained that he needed the extra time to conduct research in the prison library, to which he was permitted access for only two hours each Friday and Saturday.

In a memorandum order, the district court denied Andrade's motion, stating in relevant part:

In his Motion, petitioner claims that he has been denied adequate access to the prison law library to prepare his notice of appeal. [citation omitted ] This court is not persuaded by petitioner's argument. He

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