Court of Appeals for the Fifth Circuit September 1, 1998, 97-10912 (James C. Flanagan v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division)

DeMOSS, Circuit Judge:

Texas state prisoner James C. Flanagan appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as time-barred by the one year period of limitation in the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (“AEDPA”). We reverse and remand for further proceedings consistent with this opinion.

I.