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LARRY v. DRETKE

No. 02-21010.

361 F.3d 890 (2004)

Julius James LARRY, III, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 19, 2004.

Attorney(s) appearing for the Case

Julius James Larry, III, Rosharon, TX, pro se.

Ellen Stewart-Klein, Austin, TX, for Respondent-Appellee.

Before JONES, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Julius James Larry, III filed a federal petition for habeas corpus challenging his Texas state court conviction for theft. The district court dismissed the petition as time-barred under the Anti-terrorism and Effective Death Penalty Act ("AEDPA"). Larry appeals arguing that because his state application was "properly filed" the statute of limitations was tolled and his federal habeas application was timely filed. Larry's state application...

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