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SALINAS v. DRETKE

No. 02-41721.

354 F.3d 425 (2004)

Gary J. SALINAS, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 2004.

Attorney(s) appearing for the Case

Gary J. Salinas, Iowa Park, TX, pro se.

Karyl Krug, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before SMITH, BARKSDALE and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Gary Salinas's petition for writ of habeas corpus was denied as time-barred. Proceeding pro se, Salinas concedes that his petition was untimely when it was originally filed but argues that intervening events have rendered his petition premature, not late. Specifically, Salinas reasons that the Texas Court of Criminal Appeals effectively restored him to the direct review phase of his appeal when it granted him the right to file...

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