Mackey v. Johnson

* 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that this opinion should not be published and is not precedent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. 99-20403
Conference Calendar
CECIL JEROME MACKEY,
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 Southern District of Texas
USDC No. H-98-CV-1410
--------------------
August 23, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Cecil Jerome Mackey, Texas prisoner #582558, appeals the
district court’s dismissal of his 28 U.S.C. § 2254 petition as
barred by the one-year statute of limitations set forth in 28
U.S.C. § 2244(d). Mackey argues that the district court erred in
failing to toll the Antiterrorism and Effective Death Penalty
Act’s (AEDPA) limitations period from April 24, 1996, the date
that the AEDPA became effective, until the prison law library
received copies of the new habeas law. Mackey is not entitled to

-- 1 of 2 --

No. 99-20403
-2-
equitable tolling on that basis. See Felder v. Johnson, 204 F.3d
168, 170, 172-73 (5th Cir. 2000)(holding that a prisoner’s actual
ignorance of the AEDPA’s limitations period, even if attributable
to the newly-enacted statute’s complete unavailability to
inmates, does not serve as a basis for equitable tolling). The
district court’s judgment dismissing Mackey’s § 2254 petition as
time-barred is AFFIRMED.
AFFIRMED.

-- 2 of 2 --