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MELANCON v. KAYLO

No. 00-30439.

259 F.3d 401 (2001)

Michael Melancon, also known as Kevin A. Melancon, Petitioner-Appellant, v. Baron Kaylo, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 6, 2001.

Attorney(s) appearing for the Case

Michael Melancon, Cottonport, LA, pro se.

Valentin Michael Solino, New Orleans, LA, for Respondent-Appellee.

Before: JOLLY, DeMOSS, and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Kevin A. Melancon, Louisiana prisoner # 98471, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition as time-barred. Melancon was granted a Certificate of Appealability ("COA") as to whether his supervisory writ application to the Louisiana Court of Appeal was "properly filed" and whether his state post-conviction application was "pending" until February 5, 1999, thereby...

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