Court of Appeals for the Sixth Circuit August 19, 2004, 02-5499 (Johnny Cowherd v. George Million, Warden)

OPINION

BOGGS, Chief Judge.

Petitioner Johnny Cowherd, a state prisoner in Kentucky, appeals from the denial of his petition for a writ of habeas corpus. The district court, relying on

Austin v. Mitchell,

200 F.3d 391 (6th Cir.1999), found that Cowherd’s claim had been time-barred under 28 U.S.C. § 2244(d)(1), which establishes a one-year statute of limitations for filing habeas petitions.