IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10890
STEVEN DWAYNE JONES,
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 Northern District of Texas
USDC No. 3:97-CV-1042-X
- - - - - - - - - -
May 28, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Steven Dwayne Jones, Texas prisoner #568611, seeks a
certificate of appealability (COA) to appeal from the dismissal
of his habeas corpus application as time-barred. We previously
remanded Jones’s case to the district court for the limited
purpose of determining when Jones tendered his habeas application
to prison officials for mailing. The district court has made the
requisite finding and has returned the case to us. Jones’s COA
motion 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that this opinion should not be published and is not precedent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. 98-10890
-2-
Jones’s habeas application was filed on April 11, 1997, the
date that he tendered the application to prison officials for
mailing, Spotville v. Cain, 149 F.3d 374, 378 (5th Cir. 1998),
within the one-year period from April 24, 1996, in which Jones
could file the application. See Flanagan v. Johnson, 154 F.3d
196, 201 (5th Cir. 1998); 28 U.S.C. § 2244(d)(1). Jones’s habeas
application therefore was not time-barred. Accordingly, the
judgment dismissing Jones’s application is vacated and his case
is remanded for further proceedings. See Whitehead v. Johnson,
157 F.3d 384, 388 (5th Cir. 1998).
VACATED AND REMANDED.