United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 25, 2004
Charles R. Fulbruge III
Clerk
No. 03-20531
Summary Calendar
LARRY WAYNE DAVENPORT,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-3145
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Larry Wayne Davenport, Texas state prisoner # 868719, is
appealing the district court’s denial of his 28 U.S.C. § 2254
habeas petition as time-barred. Davenport was convicted
following a jury trial of felony theft and was sentenced as a
habitual offender to 60 years’ imprisonment.
Davenport argues that the limitation period should have been
equitably tolled because the state habeas trial court delayed
filing his state application for postconviction relief.
*
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this opinion should not be published and is not precedent except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. 03-20531
-2-
Davenport has failed to demonstrate that he diligently
pursued his rights. Nor has Davenport shown that he was actively
misled by state officials or was prevented in some extraordinary
way from exercising his rights. Thus, the district court did not
abuse its discretion in refusing to apply the doctrine of
equitable tolling to the limitations period. Coleman v. Johnson,
184 F.3d 398, 402-03 (5th Cir. 1999). The dismissal of the
petition as time-barred is AFFIRMED.