CRITCHLEY v. THALER

No. 07-50208.

586 F.3d 318 (2009)

Philip Robert CRITCHLEY, Jr., Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 21, 2009.


Attorney(s) appearing for the Case

Philip Robert Critchley, Jr., Cuero, TX, pro se.

Matthew Dennis Ottoway, S. Michael Bozarth, Asst. Atty. Gen., Austin, TX, for Respondents-Appellees.

Before KING, DAVIS and BENAVIDES, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

State prisoner Phillip Robert Critchley, Jr. appeals the denial of his 28 U.S.C. § 2254 petition as untimely. This court granted Critchley a certificate of appealability to determine whether he was entitled to relief under 28 U.S.C. § 2244(d)(1)(B), which tolls the AEDPA limitations period until "the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the...

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