IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41304
Conference Calendar
CLINTON WAYNE SMITH,
Petitioner-Appellant,
versus
GARY L. JOHNSON, In his Official Capacity as 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. 6:97-CV-830
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June 16, 2000
Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
PER CURIAM:*
Clinton Wayne Smith, Texas prisoner # 397643, appeals the
district court’s dismissal of his 28 U.S.C. § 2254 application
for a writ of habeas corpus, as barred by the one-year statute of
limitations set forth in 28 U.S.C. § 2244(d). Smith argues that
the district court erred in failing to toll the Antiterrorism and
Effective Death Penalty Act’s (AEDPA) limitations period from
April 24, 1996, the date that the AEDPA became effective, until
March 23, 1997, the date that the prison law library received
*
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that this opinion should not be published and is not precedent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. 98-41304
-2-
copies of the new habeas law. Smith is not entitled to equitable
tolling on that basis. See Felder v. Johnson, 204 F.3d 168, 171-
73 (5th Cir. 2000)(holding that a prisoner’s actual ignorance of
the AEDPA’s limitations period, even if attributable to the
newly-enacted statute’s complete unavailability to inmates, does
not serve as a basis for equitable tolling). The district
court’s judgment dismissing Smith’s § 2254 application as time-
barred is AFFIRMED.
AFFIRMED.