Ronald Glover appeals the denial of his petition for writ of habeas corpus. Concluding that he has failed to demonstrate cause for his procedural default, we affirm.
I.
In 1985, during a single proceeding encompassing two separate cases, Glover pleaded guilty to four counts of armed robbery, three counts of forcible rape, four coimts of simple kidnapping, three counts of aggravated crimes against nature, three additional counts of armed robbery, and one count of attempted armed robbery. He was sentenced to forty years’ hard labor.
Glover’s long march through the post-conviction legal system began in'May 1990, when he requested the transcriрt of his 1985 plea and sentencing proceeding. In July 1990, the state trial court ordered the court reporter to furnish Glover with the transcript. In February 1991, the state court of appeal granted Glover a writ of mandamus, directing the statе court to enforce its initial order. In May 1991, the court of appeal again ordered that Glover be., provided a transcript. Glover did not receive the transcript until December 1991.
In the midst of Glover’s quest for the transcript, Lоuisiana enacted a law limiting a prisoner’s ability to seek post-conviction relief. That statute, La.Code Crim.Proc. art. 930.8, effective October 1,1990, provides that “[n]o application for post conviction relief, including аpplications which seek an out-of-time appeal, shall be considered if it is filed more than three years after the judgment of conviction and sentence has become final.” The statute granted a one-year grace period to prisoners whose cause of action otherwise would be immediately extinguished.
Because Glover — having been sentenced in 1985 — fell into this category, he had until October 1, 1991, to file his claim. On September 12, 1991, he sоught an extension on grounds that he had yet to receive the transcript. The trial court denied his motion, and the court of appeal affirmed.
Despite the denial of an extension, Glover failed to file before the deаdline. In February 1992, he finally filed an application for post-conviction relief., The trial court denied his application, and the court of appeal affirmed, finding his claim proeedurally barred under art. 930.8. Glover then prоceeded to the Louisiana Supreme Court, which affirmed the appellate court’s conclusion that the claim was untimely and rejected Glover’s constitutional challenge to the statute.
See State ex rel. Glover v. State,
II.
We review a district court’s denial of federal habeas review basеd on state procedural grounds
de novo
and its findings of fact for clear error.
Amos v. Scott,
In
Coleman v. Thompson,
In all cases in which a state prisoner has defaulted his federal claims in state court pursuant to аn independent and adequate state procedural rule, federal habeas review of the claims is barred unless the prisoner can demonstrate cause for the default and actual prejudice as a result of thе alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice.
This doctrine ensures that federal courts give proper respect to state рrocedural rules.
Id.
at 750-51,
A.
We begin by asking whether Glover defaulted his claims pursuant to an “independent and adequate” state rule. In
Amos,
The state procedural rule also must be adequate. An “adequate” rule is one that state courts strictly or regularly follow, and one that is applied evenhandedly to the vast majority of similar claims.
Amos,
There is no suggestion that art. 930.8 has been applied selectively or irregularly. Because Louisiana courts have regularly invoked the statute to bar untimely claims, 2 we find nothing to trump the presumption of adequacy.
We now turn to Glover’s central contention: that the state’s delay in furnishing him with a transcript of his plea and sentencing proceeding constitutes “cause” under
Coleman.
This is a question we expressly reserved in
McCowin v. Scott,
Other circuits have split on this question. The Eleventh Circuit has held thаt failure to furnish a trial transcript for a direct appeal in state court may suffice as cause.
See Dorman v. Wainwright,
The Supreme Court has sketсhed the contours of what constitutes cause for a procedural default. In
Murray v. Carrier,
[W]e think that the existence of cause for a procedural default must ordinarily turn on whether the prisoner can show that some objective factor external to the defense impeded сounsel’s efforts to comply with the State’s procedural rule. Without attempting an exhaustive catalog of such objective impediments to compliance with a procedural rule, we note that a showing that the factual or legal basis for a claim was not reasonably available to counsel, or that some interference by officials made compliance impracticable, would constitute cause under this standard.
Id.
at 488,
Applying this standard, we find that Glover has not shown that his failure to receive a transcript before the filing deadline prevented him from developing a factual or legal basis for his claim. Glover concedes that he knew the facts underlying his аllegation that the state breached the plea agreement. More importantly, he does not allege the existence of legal claims he needed the transcript to uncover; his argument is that he lacked supporting facts that could flesh out his legal claims.
Glover’s knowledge of his legal claims is illustrated by his pleadings, filed with the district court, in which he acknowledged that prior to receiving the transcript, he was aware that a conviction for armed robbery did not allow for parole eligibility, as he alleges he was led to believe at his sentencing. Glover further admitted that, prior to receiving the transcript, he knew that his parole eligibility date was some ten years lаter than the date he had supposedly been promised. Finally, Glover conceded that, prior to receiving the transcript, he was aware that his earliest release date was twenty-six years away, rather than the thirteen-year period he had purportedly agreed to. This knowledge was more than sufficient to form a factual and legal basis upon which an application'could be filed. 3
As the Louisiana Supreme Court observed, becаuse Glover was aware of his underlying legal claims, he could have filed his application before the deadline, then moved to sup
Glover argues that the state’s failure promptly to provide him with the transcript was an external factor beyond his control. This contention may be correct, but it misses the point. The question is not whether an external factor prevented him from receiving the transcript, but whether an external factor prevented him from developing a “factual or legal basis for a claim.”
Murray,
In sum, the district court’s finding that Glover was aware of the basis for his claims is supported by the evidence. Glover has not shown, as the Court required in Murray, that the denial of the transcript precluded him from developing a faсtual or legal basis for a claim. 5
III.
Finally, Glover has not established that a “fundamental miscarriage of justice” will occur if his claim is deemed time barred. In order to prove a fundamental miscarriage of justice, the prisoner must аssert his actual innocence.
Glover v. Hargett,
AFFIRMED.
Notes
. Specifically, Glover argued that (1) the state trial court failed to inform him of the nature and elements of his offenses; (2) his guilty pleas lacked a factual basis; (3) the state failed to honor its side of the plea agreement; (4) the state trial court failed to inform him that some of his sentences must be served without benefit of probation, parole, or suspension of sentence; (5) thе state trial court failed to inform him of maximum possible sentences and the maximum possible accrued sentence; (6) the state trial court failed to credit him for time served; (7) the state trial court orally amended the indictment; (8) thе state trial court failed to enter a signed final order; (9) the Louisiana statute (art. 930.8) is unconstitutional; (10) the Louisiana Supreme Court erroneously found the statute constitutional; and (11) he was erroneously denied an evidentiary hearing in stаte court.
.
See, e.g., State ex rel. Nelson v. Louisiana,
. The First Circuit has addressed a similar question in a related context. In
Andiarena v. United States,
. "We believe our decision in
Duhon [v. Whitley,
. Because we find that Glover has failed to show cause for his procedural default, we need not consider whether he suffered actual prejudice.
See Glover v. Hargett,
