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RODRIGUEZ v. THALER

No. 10-40414.

664 F.3d 952 (2011)

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

United States Court of Appeals, Fifth Circuit.

December 14, 2011.

Attorney(s) appearing for the Case

Daniel Rodriguez , Rosharon, TX, pro se.

Jonathan Franklin Mithcell , Sol., Office of the Sol. Gen. for the State of Texas, Elizabeth Alisse Goettert , Asst. Atty. Gen., Nathan Tadema , Postconvicition Lit. Div., Austin, TX, for Respondent-Appellee.

Before BARKSDALE, GARZA and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Pursuant to a certificate of appealability (COA) granted by this court on November 30, 2010, Daniel Rodriguez, Texas prisoner # 1473833, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as time-barred. Because we conclude that Rodriguez did not waive his right to direct appeal and as a result his habeas petition was timely under AEDPA, we REVERSE the judgment of the district court and...

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