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ELLIS v. JOHNSON

Civil Action No. 3:97-CV-1679-D.

11 F.Supp.2d 695 (1998)

Carlton D. ELLIS, Petitioner, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent.

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

July 10, 1998.

Attorney(s) appearing for the Case

Carlton D. Ellis, Dayton, TX, pro se.

Kristina W. Silcocks, Asst. Atty. Gen., Austin, TX, for Respondent.

FITZWATER, District Judge.

This petition for a writ of habeas corpus presents a question concerning the proper interpretation of 28 U.S.C. § 2244(d)(2), which tolls the AEDPA* one-year limitations period on habeas petitions during the time that "a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending." Absent relevant Fifth Circuit authority, Judge...

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