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MATTHIS v. CAIN

No. 09-30576.

627 F.3d 1001 (2010)

Jason MATTHIS, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 13, 2010.

Attorney(s) appearing for the Case

Martin Edward Regan, Jr. , Martin E. Regan, Jr. & Associates, New Orleans, LA, for Matthis.

Andrew Milton Pickett , Asst. Dist. Atty., Graham Leaming Bosworth, New Orleans, LA, for Cain.

Before WIENER, GARZA, and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Jason Matthis ("Appellant") appeals the district court's dismissal of his habeas corpus petition brought pursuant to 28 U.S.C. § 2254 as untimely. The district court found that Appellant's petition was time-barred by 28 U.S.C. § 2244(d)(1). The court held that Appellant exceeded the limitations period because he filed his federal habeas petition more than one year after the date his state...

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