IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20639
USDC No. H-97-CV-1549
HERIBERTO DEL RIO,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
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December 8, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Heriberto Del Rio, Texas prisoner #558956, seeks a
certificate of appealability (COA) from the denial of his
petition filed pursuant to 28 U.S.C. § 2254 as untimely. He also
requests that he be allowed to proceed in forma pauperis (IFP) on
appeal. Del Rio’s request to proceed IFP is GRANTED.
*
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that this opinion should not be published and is not precedent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. 98-20639
-2-
Del Rio argues that the district court erred in dismissing
his claims as barred by the one-year statute of limitations set
forth in § 2244(d)(1). Because Del Rio filed his § 2254 petition
on April 24, 1997, within one year of the effective date of the
Antiterrorism and Effective Death Penalty Act, his petition was
timely. See United States v. Flores, 135 F.3d 1000, 1005-06 (5th
Cir. 1998); Flanagan v. Johnson, 154 F.3d 196, 199-200 (5th Cir.
1998). COA is GRANTED, the district court’s judgment dismissing
Del Rio’s § 2254 petition as time-barred is VACATED, and the case
is REMANDED for further proceedings.
COA GRANTED; MOTION TO PROCEED IFP GRANTED; VACATED AND
REMANDED.