KISER v. JOHNSON

No. 97-11292.

163 F.3d 326 (1999)

Ben Lyndon KISER, Petitioner-Appellant, v. Gary L. JOHNSON, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 6, 1999.


Attorney(s) appearing for the Case

Ben Lyndon Kiser, Huntsville, TX, pro se.

Tommy Lee Skaggs, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Petitioner-Appellant Ben Lyndon Kiser appeals the dismissal of his 28 U.S.C. § 2254 habeas petition. Kiser argues that the district court erred in applying the statute of limitations provision of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2244(d)(1), retroactively to bar the petition. He further argues that the district court erred in raising the statute of limitations defense sua sponte...

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