Case: 09-70019 Document: 00511145170 Page: 1 Date Filed: 06/17/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 17, 2010
No. 09-70019 Lyle W. Cayce
Clerk
QUINTIN PHILLIPPE JONES,
Petitioner - Appellant
v.
RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
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:*
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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
1
See 28 U.S.C. § 2244(d)(1)(A).
Case: 09-70019 Document: 00511145170 Page: 2 Date Filed: 06/17/2010
No. 09-70019
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.
2
Holland v. Florida, No. 09-5326 (U.S., June 14, 2010).
2