Calvin McNac v. Rick Thaler, Director

PER CURIAM: *

Calvin Ervin McNac, Texas prisoner # 1240121, proceeding pro se, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as time-barred. We granted a certificate of appealability on the issue of whether the Dallas County District Court clerk’s office’s failure to process McNac’s state postconviction application constituted a state-created impediment entitling McNac to statutory tolling under 28 U.S.C. § 2244(d)(1)(B). For the following reasons, we AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

Calvin Ervin McNac (“McNac”) was convicted of sexual assault of a child and…