Carlos Jimenez, Petitioner-Appellant,
Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.
Appeal from the United States District Court for the Northern District of Texas
Carlos Jimenez, a Texas prisoner, pleaded guilty of felony burglary of a habitation and admitted an enhancement charge based on a prior felony conviction. The initial judgment of deferred adjudication was revoked, Jimenez was adjudicated guilty, and he was sentenced to 43 years in prison. The district court dismissed Jimenez's 28 U.S.C. § 2254 petition with prejudice as barred by the one-year statute of limitations. Jimenez now seeks a certificate of appealability ("COA"), arguing (1) that the granting of an out-of-time appeal by the Texas Court of Criminal Appeals started the limitations period running anew and (2) that he is entitled to equitable tolling.
Jimenez has failed to demonstrate that reasonable jurists would debate the correctness of the district court's conclusion that the § 2254 petition is time-barred. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the request for a COA is DENIED.
/s/ Jerry E. Smith
JERRY E. SMITH
United States Circuit Judge
United States Court of Appeals FIFTH CIRCUIT
OFFICE OF THE CLERK
CHARLES R. FULBRUGE III TEL. 504-310-7700 CLERK 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130
May 25, 2007
Ms Karen S Mitchell, Clerk
Northern District of Texas, San Angelo
United States District Court
33 E Twohig
Room 202, Federal Building
San Angelo, TX 76903
No. 06-11240 Jimenez v. Quarterman
USDC No. 6:05-CV-52
Enclosed is a certified copy of the judgment issued as the mandate.
Record/original papers/exhibits are returned:
( ) Volumes ( ) Envelopes ( 1 ) Box (SCP)
The electronic copy of the record has been recycled.
CHARLES R. FULBRUGE III, Clerk
Gina Randazzo Martin, Deputy Clerk
Mr Carlos Jimenez
Ms Gretchen Berumen Merenda