Jones v. Thaler

Full title: Quintin Phillippe JONES, Petitioner-Appellant v. Rick THALER, DIRECTOR…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 17, 2010

383 F. App'x 380 (5th Cir. 2010)

Opinion

No. 09-70019.

June 17, 2010.

Lydia M. Brandt, The Brandt Law Firm, Richardson, TX, for Petitioner-Appellant.

Jeremy Craig Greenwell, Office of the Attorney General, Law Enforcement Defense Div., Austin, TX, for Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Texas, No. 4:05-CV-638.

Before HIGGINBOTHAM, DENNIS, and ELROD, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

This appeal concerns the application of equitable tolling under the Antiterrorism and Effective Death Penalty Act.¹ Jones contends that his failure to timely file a federal habeas petition should be excused as his attorney's conduct was so deficient as to amount to an extraordinary circumstance warranting tolling. The district court dismissed his petition, finding that under this court's jurisprudence, Jones was not entitled to tolling and that therefore his petition was time-barred. The Supreme Court recently spoke to the issues raised in this case in its opinion in Holland v. Florida. ² In order to permit the district court first consideration of Jones's petition in light of the Court's holding in Holland, we VACATE and REMAND.

1 See 28 U.S.C. § 2244(d)(1)(A).

2 Holland v. Florida, ___ U.S. ___, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010).