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WINDLAND v. QUARTERMAN

No. 06-10750. Summary Calendar.

578 F.3d 314 (2009)

Cory Eugene WINDLAND, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 10, 2009.

Attorney(s) appearing for the Case

Cory Eugene Windland, Woodville, TX, pro se.

Charles A. Palmer, Forrest Lumpkin, Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Before JOLLY, BENAVIDES and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

A federal habeas applicant must file his § 2254 petition within one year of the date that his conviction becomes final, 28 U.S.C. § 2244(d)(1)(A), but the time during which a properly filed state habeas petition is "pending" tolls that limitations period. § 2244(d)(2). The issue here is whether this tolling period encompasses both the day on which a state habeas petition is filed and the day on which it is decided. The district...

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