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GONZALEZ v. THALER

No. 08-10871.

623 F.3d 222 (2010)

Rafael Arriaza GONZALEZ, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 6, 2010.

Attorney(s) appearing for the Case

Rafael Arriaza Gonzalez , Fort Stockton, TX, pro se.

Jefferson David Clendenin , Acting Asst. Atty. Gen., Postconviction Lit. Div., Austin, TX, for Thaler.

Before HIGGINBOTHAM, CLEMENT and OWEN, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Petitioner-appellant Rafael Gonzalez appeals the district court's dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The district court held that Gonzalez's petition was time-barred under 28 U.S.C. § 2244(d)(1) because he failed to file his petition within one year of the expiration of his time to appeal his intermediate state appellate court judgment to the Texas Court of Criminal...

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