IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40460
Conference Calendar
ROI LE' SHILOH-BRYANT,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:98-CV-37
- - - - - - - - - -
April 16, 1999
Before JONES, SMITH and DUHÉ, Circuit Judges.
PER CURIAM:*
The district court dismissed as time-barred the federal
habeas petition filed by Roi Le’ Shiloh-Bryant (Texas prisoner
No. 354415), but it granted Shiloh-Bryant a certificate of
appealability (COA) as to the issue whether the 28 U.S.C.
§ 2244(d)(1) limitations period had been tolled by the pendency
of Shiloh-Bryant’s state habeas application, which was filed
during the one-year grace period following the April 24, 1996,
*
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that this opinion should not be published and is not precedent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. 98-40460
-2-
effective date of the Antiterrorism and Effective Death Penalty
Act (AEDPA). See Flanagan v. Johnson, 154 F.3d 196, 201 (5th
Cir. 1998). Based on the facts determined by the district court,
Shiloh-Bryant’s federal petition is timely if the statute of
limitations was tolled by § 2244(d)(2) during the one-year grace
period. This court having now resolved the tolling issue in
Shiloh-Bryant’s favor, the district court’s denial of federal
habeas relief is VACATED and the case is REMANDED to the district
court for further proceedings. See Fields v. Johnson, 159 F.3d
914, 914 (5th Cir. 1998).
VACATED AND REMANDED.