Kenneth Thomas v. Rick Thaler, Director

376 F. App'x 463

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 3, 2010
• Docket: 08-40829
• Status: Unpublished

Opinion

PER CURIAM: *

Kenneth Alan Thomas, Texas prisoner # 407931, seeks a certificate of appealability (COA) to appeal the district court’s dismissal as time barred, pursuant to 28 U.S.C. § 2244(d), of his 28 U.S.C. § 2254 petition challenging his conviction for aggravated assault and resulting eight-year sentence.

A COA is granted on the issue of whether Thomas’s petition was barred by the statute of limitations in light of Womack v. Thaler, 591 F.3d 757 (5th Cir.2009), which was decided after the district court’s judgment in the instant case. See Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). We vacate the district court’s judgment, and we remand for further proceedings consistent with Womack. See Whitehead v. Johnson, 157 F.3d 384, 388 (5th Cir.1998). We express no opinion on the ultimate disposition of Thomas’s Section 2254 petition.

COA GRANTED; JUDGMENT VACATED; CASE REMANDED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.