Alvidrez v. Johnson ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50259
Summary Calendar
SERGIO HIRAM ALVIDREZ,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-96-CA-432-H
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November 2, 1998
Before DAVIS, WIENER and STEWART, Circuit Judges.
PER CURIAM:*
Sergio Hiram Alvidrez, Texas prisoner No. 512255, has filed
an appeal of the district court’s denial of his § 2254 habeas
corpus petition. The notice of appeal is treated as an
application for a certificate of appealability (COA) and to
proceed IFP. See Fed. R. App. P. 22(b). Alvidrez’s request to
proceed IFP is granted, and his motion to correct his appellate
brief is denied as moot. The district court dismissed the case
based upon the running of the statute of limitations. COA is
*
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that this opinion should not be published and is not precedent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. 98-50259
-2-
granted, and the case is vacated and remanded for reconsideration
in light of our opinion in United States v. Flores, 135 F.3d
1000, 1005 (5th Cir. 1998).
COA GRANTED; MOTION TO PROCEED IFP GRANTED; MOTION TO
CORRECT BRIEF DENIED AS MOOT; VACATED AND REMANDED.