SCOTT v. JOHNSON

No. 99-10414.

227 F.3d 260 (2000)

John E. SCOTT, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 16, 2000.


Attorney(s) appearing for the Case

John E. Scott, Pampa, TX, pro se.

James Michael Terry, Jr., Austin, TX, for Respondent-Appellee.

Before REAVLEY, BENAVIDES and DENNIS, Circuit Judges.


BENAVIDES, Circuit Judge:

John E. Scott, a Texas state prisoner, appeals the district court's dismissal without prejudice of his federal habeas petition for failure to exhaust state remedies. Finding that his petition was time-barred, we deny relief.

I. FACTUAL AND PROCEDURAL HISTORY

On July 23, 1996, Scott pleaded guilty to possession with intent to deliver cocaine and was sentenced to 25 years of imprisonment. Scott did not file a direct appeal...

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