Risley v. Johnson ( 2000 )

No. 98-11175
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11175
Conference Calendar
BILLY RAY RISLEY,
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 Northern District of Texas
USDC No. 4:98-CV-421-Y
--------------------
April 14, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Billy Ray Risley, Texas prisoner # 715659, appeals the
district court’s dismissal of his 28 U.S.C. 2254 application for
a federal writ of habeas corpus, as barred by the one-year
statute of limitations set forth in 28 U.S.C. § 2244(d). Risley
argues that the district court erred in failing to toll the
Antiterrorism and Effective Death Penalty Act’s (AEDPA)
limitations period from April 24, 1996, the date that the AEDPA
became effective, until the prison law library received copies of
*
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that this opinion should not be published and is not precedent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. 98-11175
-2-
the new habeas law. Risley is not entitled to equitable tolling
on that basis. See Felder v. Johnson, 204 F.3d 168, 172-73 (5th
Cir. 2000)(holding that a prisoner’s actual ignorance of the
AEDPA’s limitations period, even if attributable to the newly-
enacted statute’s complete unavailability to inmates, does not
serve as a basis for equitable tolling). The district court’s
judgment dismissing Risley’s § 2254 application as time-barred is
AFFIRMED.
Risley’s motion to supplement the record on appeal is DENIED
as unnecessary.
AFFIRMED; MOTION TO SUPPLEMENT TO RECORD DENIED.