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Richards v. Thaler, United States Court of Appeals, 5th Circuit, Docket No. 11-20803

Petitioner appealed the district court's dismissal of his habeas corpus petition as time-barred because it was filed after the one-year deadline. Petitioner contended that the district court erred by deeming the date the clerk of the court stamped his state post-conviction petition as received to be the date he filed the petition. The court held that, under Texas law, petitioner's 28 U.S.C. 2254 application was deemed filed on the date petitioner turned the application over to prison authorities to be filed. Accordingly, the court reversed and remanded and did not reach petitioner's claim that he was entitled to equitable tolling.

 

Read Opinion here at ca5.uscourts.gov

 

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