No. 98-20507.

158 F.3d 806 (1998)

William Prince DAVIS, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 21, 1998.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, TX, for Petitioner-Appellant.

Erik E. Cary, Austin, TX, for Respondent-Appellee.

Before KING, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

KING, Circuit Judge:

William Prince Davis, a Texas death row inmate, requests a certificate of appealability in order to appeal the district court's dismissal of his writ of habeas corpus. In resolving this appeal, we must decide an issue of first impression for this circuit, namely, whether the one-year limitations period for the filing of federal habeas claims by state prisoners is a statute of limitations subject to equitable tolling or is a jurisdictional bar...

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