IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 6, 2009
No. 07-30019 Charles R. Fulbruge III
Clerk
EUGENE HENRY MOORE
Petitioner - Appellant
v.
TERRY TERRELL, Warden, Allen Correctional Center
Respondent - Appellee
Appeal from the United States District Court for the
Western District of Louisiana
(2:06-CV-1353)
Before GARWOOD, DAVIS, and DENNIS, Circuit Judges.
PER CURIAM:*
We treat Moore’s brief as requesting a rehearing of the denial of the
petition for rehearing of the reconsideration of the partial denial of a certificate
of appealability (COA) in light of new case law. For the reasons below, Moore’s
request 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 07-30019
In the underlying state court proceedings, the state appellate courts
granted Moore an out-of-time appeal. Moore sought the habeas relief from the
federal courts. The district court below dismissed the habeas petition on
procedural grounds, believing the defendant filed his petition beyond the one
year limitations period set by 28 U.S.C. § 2244(d)(1). Moore then sought a COA
from this court. A circuit judge partially denied and partially granted a COA.
Moore sought a rehearing from a panel this court, which denied his petition as
to the COA issue. All of this occurred before the Supreme Court granted
certiorari in Jimenez v. Quarterman, 128 S. Ct. 1646 (2008).
We now grant COA as to the question of whether the district court erred
in dismissing the underlying petition for habeas relief as time-barred, and we
further vacate and remand the entire case for further proceedings consistent
with Jimenez v. Quarterman, 129 S. Ct. 681 (2009).
2