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ANDREWS v. JOHNSON

No. 1:96-CV-228-C.

976 F.Supp. 527 (1997)

Brenda Gail ANDREWS, Petitioner, v. Gary JOHNSON, Director, TX Dept. of Criminal Justice, Institutional Division, Respondent.

United States District Court, N.D. Texas, Abilene Division.

August 15, 1997.

Attorney(s) appearing for the Case

Brenda Gail Andrews, Marlin, TX, pro se.

Erik E. Cary, Asst. Atty. Gen., Austin, TX, for Respondent.

ORDER DENYING RESPONDENT'S MOTION TO DISMISS BASED ON A CLAIM OF LIMITATIONS

CUMMINGS, District Judge.

The Petitioner, Brenda Gail Andrews, has filed a Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254. The Respondent in lieu of an Answer filed a Motion to Dismiss. Respondent alleged under the new Habeas Statute invoking a one-year limitation period, 28 U.S.C. §§ 2241(d)(1) and 2254, paragraph 6, was a jurisdictional...

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