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MEDLEY v. THALER

No. 08-11009.

660 F.3d 833 (2011)

Clifford MEDLEY, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 12, 2011.

Attorney(s) appearing for the Case

Clifford Medley , Amarillo, TX, pro se.

Nathan Tadema , Office of the Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellee.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:

The petition for panel rehearing is GRANTED. We withdraw our prior opinion, Medley v. Thaler, 400 Fed.Appx. 965 (5th Cir.2010) (per curiam), and substitute the following.

The petitioner, Clifford Scott Medley, appeals the dismissal of his habeas petition as untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA), see 28 U.S.C. § 2244(d) (establishing a one-year statute of limitations for filing federal...

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