Woodrow Barksdale, II v. Frank Blackburn, Warden

ALVIN B. RUBIN, Circuit Judge:

A Louisiana prisoner serving an eight-year sentence in the state penitentiary at Angola for simple burglary enhanced by two prior felony convictions seeks habeas corpus. We dismissed the appeal from the district court’s denial of the petition as not being timely filed, Barksdale v. Blackburn, 647 F.2d 630 (5th Cir. 1981). The United States Supreme Court, however, vacated that dismissal and remanded the case for our consideration. - U.S. -, 102 S.Ct. 962, 71 L.Ed.2d 106 (1981). We hold that our dismissal of the action as not timely filed was improper because the…