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MARK v. THALER

No. 09-50672.

646 F.3d 191 (2011)

Godfrey Aaron MARK, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 6, 2011.

Attorney(s) appearing for the Case

Adam L. Seidel , Law Office of Adam L. Seidel, Dallas, TX, for Petitioner-Appellant.

Tommy Lee Skaggs , Asst. Atty. Gen., Postconviction Lit. Div., Carrie Elizabeth Parsons , Texas Legal Services Ctr., Austin, TX, for Respondent-Appellee.

Before GARWOOD, ELROD, and SOUTHWICK, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Godfrey Aaron Mark, Texas prisoner # 1237559, appeals the dismissal of his petition for habeas corpus under 28 U.S.C. § 2254 challenging his Texas conviction for aggravated robbery. The district court dismissed Mark's habeas petition as time-barred. This court granted a certificate of appealability (COA) to review the district court's timeliness determination. For the reasons that follow, we conclude that Mark's petition...

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