United States Fifth Circuit

Because prisoner's state habeas application was not "properly filed," having been filed before his judgment became final, it did not toll the statute of limitations for the instant, federal habeas petition; dismissal of the federal petition is affirmed.

Appellate Information

• Decided 03/16/2004
• Published 03/16/2004

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Julius James Larry, III, Rosharon, TX, pro se.


• For Appellees:
  
• Ellen Stewart-Klein, Austin, TX, for Respondent-Appellee.