HENDERSON v. JOHNSON

Civ. A. Nos.3:97-CV-2912-D, 3:97-CV-2074-D.

1 F.Supp.2d 650 (1998)

Thomas C. HENDERSON, Petitioner, v. Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent. Bradley Scott TAYLOR, Petitioner, v. Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent.

United States District Court, N.D. Texas, Dallas Division.

April 16, 1998.


Attorney(s) appearing for the Case

Thomas C. Henderson, Huntsville, TX, pro se.

Bradley Scott Taylor, Dayton, TX, pro se.

Brian M. Middleton, George C. Gaskell, Assistant Attorneys General, Austin, TX, for Respondent.


FITZWATER, District Judge:

The question presented in these cases is whether the one-year period imposed by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996) ("AEDPA"), for filing a habeas petition is a limitations period that is subject to equitable tolling or is instead a jurisdictional bar. Although the court holds that it is a statute of limitations, it also concludes that petitioners have failed to meet the high...

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