DILWORTH v. JOHNSON

No. 98-41293.

215 F.3d 497 (2000)

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

United States Court of Appeals, Fifth Circuit.

June 19, 2000.


Attorney(s) appearing for the Case

Rodney James Dilworth, Tennessee Colony, TX, pro se.

Brooks Moore, Marci D. Motes, Austin, TX, for Respondent-Appellee.

Before JONES and BENAVIDES, Circuit Judges, and WALTER, District Judge.


BENAVIDES, Circuit Judge:

Rodney James Dilworth, a Texas state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition as time-barred. Concluding that Dilworth's state habeas application (challenging a prior conviction used to enhance his current state sentence) tolled the period of limitation within the meaning of 28 U.S.C. § 2244(d)(2), we vacate the district court's dismissal of his petition and remand for further proceedings...

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