IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41015
Summary Calendar
DONALD C. JACKSON,
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 Eastern District of Texas
USDC No. 1:98-CV-1698
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March 24, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:1
Donald C. Jackson, seeks a certificate of appealability (COA)
to appeal the district court’s dismissal of his 28 U.S.C. § 2254
petition as time-barred under 28 U.S.C. § 2244(d)(1). This court
issues a COA only if the petitioner makes a substantial showing of
the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). In
considering a nonconstitutional question in a COA application, such
as the time-bar issue presented here, the standard is whether the
1
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that this opinion should not be published and is not precedent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.
petitioner has made a credible showing of error by the district
court. See Sonnier v. Johnson, 161 F.3d 941, 943(5th Cir. 1998).
Only then will the court consider whether the prisoner has made a
substantial showing of the denial of a constitutional right on his
underlying claim. Id. at 943-44.
Jackson fails to make the necessary showing that the district
court’s determination was erroneous that he filed his § 2254
petition in the district court untimely. See Flanagan v. Johnson,
154 F.3d 196, 199-200 & n.2 (5th Cir. 1998); Fields v. Johnson, 159
F.3d 914, 915-16 (5th Cir. 1998). Moreover, Jackson’s assertion is
unavailing that the statute of limitations should be equitably
tolled because two of the transfer units’ libraries where he was
incarcerated did not have federal resource material. See Davis v.
Johnson, 158 F.3d 806, 810 (5th Cir. 1998); see also Lewis v.
Casey, 518 U.S. 343, 349 (1996); Bounds v. Smith, 430 U.S. 817, 828
(1977). Jackson fails to make the required showing under Sonnier
that the district court erred by dismissing his habeas petition as
time-barred under § 2244(d). Accordingly, Jackson’s request for a
COA is DENIED.