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GRILLETTE v. WARDEN, WINN CORRECTIONAL CENTER

No. 02-30937.

372 F.3d 765 (2004)

David GRILLETTE, Petitioner-Appellant, v. WARDEN, WINN CORRECTIONAL CENTER, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 2004.

Attorney(s) appearing for the Case

Peter Reichman Flowers (argued), Shreveport, LA, for Petitioner-Appellant.

Stephen Christopher Fortson (argued), Lemle, Kelleher, Barlow & Hardtner, Shreveport, LA, Don M. Burkett, Many, LA, for Respondent-Appellee.

Before GARWOOD, JONES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

David Grillette, a Louisiana state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition as time-barred. Grillette was granted a Certificate of Appealability ("COA") as to whether he is entitled to statutory tolling of the limitations period pursuant to 28 U.S.C. § 2244(d)(2) during the interval between the trial court's April 19, 1999, denial of his state habeas application and the filing of his...

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