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EGERTON v. COCKRELL

Docket No. 00-10421.

334 F.3d 433 (2003)

Jack Donald EGERTON, Jr., Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 2003.

Attorney(s) appearing for the Case

Jack Donald Egerton, Jr., Pampa, TX, pro se.

Fredericka Searle Sargent, Austin, TX, for Respondent-Appellee.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.

STEWART, Circuit Judge:

Jack Donald Egerton, Jr. ("Egerton"), a Texas state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition as time-barred. For the reasons stated below, we vacate the district court's dismissal and remand for further proceedings in accordance with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

This appeal is the culmination of two previous grants of certificate of appealability ("COA") by this...

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