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RICHARDS v. THALER

No. 11-20803.

710 F.3d 573 (2013)

Kenneth RICHARDS, Petitioner-Appellant v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 5, 2013.

Attorney(s) appearing for the Case

Kenneth Richards, Palestine, TX, pro se.

Elizabeth Alisse Goettert , Joseph Peter Corcoran , Assistant Attorney Generals, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

Before JOLLY, GARZA, and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Petitioner Kenneth Richards, a Texas state prisoner, exhausted his state remedies and moved to file a habeas corpus petition. The district court dismissed the application as time-barred because it was filed after the one-year deadline under 28 U.S.C. § 2244 for filing a 28 U.S.C. § 2254 application expired. Richards appeals, contending the district court erred by deeming the date the clerk of the court stamped his state post...

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