Moreau v. Johnson

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-10426
Summary Calendar
_____________________
TERRY LEWIS MOREAU,
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
(1:97-CV-240)
_________________________________________________________________
January 3, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Terry Lewis Moreau, Texas prisoner no. 394973, appeals the
district court’s dismissal of his 28 U.S.C. § 2254 petition for a
writ of habeas corpus. In concluding that Moreau’s petition was
time-barred, the district court did not have the benefit of our
court’s recent decision in Villegas v. Johnson, 184 F.3d 467, 469-
70 (5th Cir. 1999) (a state habeas application is “properly filed”
for purposes of triggering the tolling provisions as long as it
*
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this opinion should not be published and is not precedent except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.
conforms to the state’s applicable procedural filing requirements).
Under Villegas, the 28 U.S.C. § 2244(d) limitations period was
tolled by the pendency of Moreau’s fourth state habeas petition.
Accordingly, the judgment of dismissal is VACATED and the case is
REMANDED to the district court for further proceedings in the light
of Villegas.
VACATED and REMANDED
2