Filed: Apr. 21, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 17, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-20443 Summary Calendar CHAVEZ D. PRICE, Petitioner-Appellant, versus JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; KEN LEVI; TONI TRIPLETT, Respondents-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CV-4221 - Before BARKSDALE, DeMO
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 17, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-20443 Summary Calendar CHAVEZ D. PRICE, Petitioner-Appellant, versus JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; KEN LEVI; TONI TRIPLETT, Respondents-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CV-4221 - Before BARKSDALE, DeMOS..
More
United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 17, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-20443
Summary Calendar
CHAVEZ D. PRICE,
Petitioner-Appellant,
versus
JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION;
KEN LEVI; TONI TRIPLETT,
Respondents-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-4221
--------------------
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Chavez D. Price, Texas prisoner # 821134, appeals from the
dismissal of his 28 U.S.C. § 2254 petition in which he challenged
the 1997 revocation of his probation, which had been imposed
following his 1995 conviction for aggravated assault. The
district court dismissed Price's petition as time-barred under
the Antiterrorism and Effective Death Penalty Act ("AEDPA"), 28
*
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that this opinion should not be published and is not precedent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. 02-20443
-2-
U.S.C. § 2244. The district court issued Price a certificate of
appealability ("COA") on the timeliness of his petition. We
review de novo a district court's denial of a federal habeas
petition on procedural grounds. See Lookingbill v. Cockrell,
293
F.3d 256, 260 (5th Cir. 2002), cert. denied,
123 S. Ct. 878
(2003).
The district court held that Price's conviction became
final, and the federal limitations period began, upon the
expiration of the 30-day period under state law to file a timely
petition for discretionary review ("PDR") with the Texas Court of
Criminal Appeals. Price argues that his conviction did not
become final until much later when the Texas Court of Appeals
issued its mandate. He argues further that after the state
appellate court denied his direct appeal, it issued a notice to
disregard the decision and permitted him to file a supplemental
brief.
Price's conviction became final at the conclusion of the 30-
day period for filing a PDR, not when the state court issued its
mandate. See Roberts v. Cockrell,
319 F.3d 690, 694-95 (5th Cir.
2003). Based on our review of the state record, we conclude that
the district court did not err in finding Price's petition time-
barred. See 28 U.S.C. § 2244(d). Price's motion to supplement
the record is DENIED.
AFFIRMED. MOTION DENIED.