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WILSON v. CAIN

No. 07-30728.

564 F.3d 702 (2009)

Craig WILSON, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 1, 2009.

Attorney(s) appearing for the Case

Craig Wilson, Angola, LA, pro se.

Kathryn W. Landry, Ieyoub & Landry, LLC, Baton Rouge, LA, for Cain.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Pursuant to our grant of a certificate of appealability ("COA"), prisoner Craig Wilson appeals the district court's denial of his 28 U.S.C. § 2254 petition as untimely. Wilson contends that his conviction became final on the day that the Louisiana Supreme Court ("LSC") denied his motion for rehearing, which would render his § 2254 petition timely. The district court dismissed Wilson's § 2254 petition, finding that since...

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