Wilson v. Johnson

No. 98-41197
-1-
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41197
Conference Calendar
MARION MAURICE WILSON,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:97-CV-1071
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April 14, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Marion Maurice Wilson, Texas prisoner # 737318, appeals the
district court’s dismissal of his 28 U.S.C. § 2254 application as
barred by the one-year statute of limitations in the
Antiterrorism and Effective Death Penalty Act (AEDPA). The issue
in this case is whether Wilson’s delayed knowledge of the AEDPA,
the statute-of-limitations provision in particular, can act to
toll the limitations period.

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No. 98-41197
-2-
Ignorance of the AEDPA’s statute-of-limitations provision is
not a basis for equitable tolling. Felder v. Johnson, 204 F.3d
168, 171-73 (5th Cir. 1999). Thus, exactly when Wilson received
notice of the limitations provision is not relevant, nor is it
relevant that inmate legal services may have failed to advise him
of the limitations provision. The district court’s dismissal of
Wilson’s § 2254 application as time-barred is AFFIRMED.

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