Wilson v. Johnson ( 2000 )


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  •                             No. 98-41197
    -1-
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 98-41197
    Conference Calendar
    MARION MAURICE WILSON,
    Petitioner-Appellant,
    versus
    GARY L. JOHNSON, DIRECTOR,
    TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
    INSTITUTIONAL DIVISION,
    Respondent-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 6:97-CV-1071
    --------------------
    April 14, 2000
    Before WIENER, DeMOSS, and PARKER, Circuit Judges.
    PER CURIAM:*
    Marion Maurice Wilson, Texas prisoner # 737318, appeals the
    district court’s dismissal of his 28 U.S.C. § 2254 application as
    barred by the one-year statute of limitations in the
    Antiterrorism and Effective Death Penalty Act (AEDPA).    The issue
    in this case is whether Wilson’s delayed knowledge of the AEDPA,
    the statute-of-limitations provision in particular, can act to
    toll the limitations period.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 98-41197
    -2-
    Ignorance of the AEDPA’s statute-of-limitations provision is
    not a basis for equitable tolling.    Felder v. Johnson, 
    204 F.3d 168
    , 171-73 (5th Cir. 1999).    Thus, exactly when Wilson received
    notice of the limitations provision is not relevant, nor is it
    relevant that inmate legal services may have failed to advise him
    of the limitations provision.   The district court’s dismissal of
    Wilson’s § 2254 application as time-barred is AFFIRMED.
    

Document Info

Docket Number: 98-41197

Filed Date: 4/17/2000

Precedential Status: Non-Precedential

Modified Date: 12/21/2014