Legal Opinion

Kenneth Richards v. Rick Thaler, Director

Court of Appeals for the Fifth Circuit

Decided March 5, 2013No. 11-20803PublishedCited by 109 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Petitioner Kenneth Richards, a Texas state prisoner, exhausted his state remedies and moved to file a habeas corpus petition. The district court dismissed the application as time-barred because it was filed after the one-year deadline under 28 U.S.C. § 2244 for filing a 28 U.S.C. § 2254 application expired. Richards appeals, contending the district court erred by deeming the date the clerk of the court stamped his state post-conviction petition as received to be the date he filed the petition. Richards alleges under Texas law the pleadings of pro se inmates,…

2Cases cited13 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Scott v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  3. Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  4. Warner v. GlassTexas Supreme Court · 2004
  5. Spotville v. CainCourt of Appeals for the Fifth Circuit · 1998

8 more not listed; retrieve them via the Exa API.

3Cited by109 opinions

  1. Sammie Ford, Jr. v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2018
  2. Charles Dorsey v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2013
  3. Antonio Orpiada v. E. McDanielCourt of Appeals for the Ninth Circuit · 2014
  4. Leonardo Villegas-Sarabia v. Jefferson Sessions, ICourt of Appeals for the Fifth Circuit · 2017
  5. Alvarez-Rodriguez v. GuerreroDistrict Court, W.D. Texas · 2025

104 more not listed; retrieve them via the Exa API.

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