UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41514
DEWEY GLYNN DAILY,
Petitioner-Appellant,
versus
GARY L. JOHNSON, Director, Texas Department
of Criminal Justice – Institutional Division,
Respondent-Appellee.
Appeal for the United States District Court
for the Eastern District of Texas
(6:97-CV-697)
March 8, 1999
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PRE CURIAM:*
Dewy Glynn Daily appeals the district court’s dismissal of his
petition for a writ of habeas corpus.
In light of our recent decisions in Flanagan v. Johnson, 154
F.3d 196 (5th Cir. 1998), and Fields v. Johnson, No. 98-10012 (5th
Cir. October 28, 1998), the Attorney General of the State of Texas
now concedes that Appellant’s habeas corpus petition was timely
filed under the Antiterrorism and Effective Death Penalty Act of
1996. Therefore, we vacate the judgment of the district court and
remand the case for further proceedings.
*
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opinion should not be published and is not precedent except under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.
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VACATED AND REMANDED
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