FISHER v. JOHNSON

No. 98-50566.

174 F.3d 710 (1999)

Thomas James FISHER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 24, 1999.


Attorney(s) appearing for the Case

Thomas James Fisher, Rosharon, TX, pro se.

Michelle Dulany Roche, Austin, TX, for Respondent-Appellee.

Before SMITH, DeMOSS and STEWART, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Thomas James Fisher appeals the dismissal of his 28 U.S.C. § 2254 habeas petition as time-barred, contending that the district court abused its discretion by refusing equitably to toll the limitation period. Finding no error, we affirm.

I.

Fisher was convicted of murder and sentenced to serve thirty years in prison. His conviction was affirmed by the Texas Court of Appeals and, on petition for discretionary review...

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