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CRUTCHER v. COCKRELL

No. 01-20939. Summary Calendar.

301 F.3d 656 (2002)

William Dean CRUTCHER, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 28, 2002.

Attorney(s) appearing for the Case

Winston Earle Cochran, Jr., Houston, TX, for Petitioner-Appellant.

Fredericka Searle Sargent, Austin, TX, for Respondent-Appellee.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:

William Dean Crutcher, Texas prisoner # 780331, appeals from the dismissal, as time-barred, of his 28 U.S.C. § 2254 application. A certificate of appealability (COA) was granted on the issue of whether the district court erred in holding that Federal Rule of Civil Procedure 6(e) does not apply to the calculation of the one-year limitations period under 28 U.S.C. § 2244(d).

Crutcher was convicted in Texas state court, and, after his state...

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