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992 F.3d 1162·
11th Cir.·
2021-03-31
·cited 33×
William Greg Thomas, a Florida death row inmate, challenged the timeliness of his federal habeas petition, which was filed nearly nine months after AEDPA's one-year deadline expired because his appointed counsel, Mary Catherine Bonner, deliberately delayed filing to use his case
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837 F. 2d 457·
11th Cir.·
2025-08-11
·cited 16×
The Eleventh Circuit held that Federal Rule of Bankruptcy Procedure 4007(c)'s deadline for objecting to debt dischargeability cannot be equitably tolled, adhering to prior panel precedent.
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2006 U.S. Dist. LEXIS 68770·
M.D. Fla.·
2006-09-25
·cited 3×
The court held that attorney negligence or miscalculation does not constitute extraordinary circumstances for equitable tolling of the one-year federal habeas limitations period, and petitioners are responsible for timely filing.
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11th Cir.·
2026-10-26
A motion challenging a restitution sentence is not a challenge "with respect to the pertinent judgment" under AEDPA's tolling provision in 28 U.S.C. § 2244(d)(2). The "pertinent judgment" for purposes of AEDPA refers to the judgment pursuant to which the prisoner is in custody, n
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M.D. Fla.·
2025-04-24
The court held that the prisoner's motion to vacate his sentence was untimely, not cognizable, procedurally defaulted, and meritless, and therefore denied.
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M.D. Fla.·
2025-04-02
The court held that the petitioner's motion to vacate his sentence was untimely and, alternatively, lacked merit because his counsel's decision not to challenge the traffic stop was a reasonable strategic choice given the petitioner's admission of speeding.
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M.D. Fla.·
2025-01-14
The court held that the petitioner's motion to vacate his sentence was untimely filed and therefore dismissed with prejudice.
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M.D. Fla.·
2024-06-27
The court held that the petitioner's motion to vacate his conviction was time-barred under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations. The court also denied his motion to amend with additional claims, finding they did not relate back to th
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M.D. Fla.·
2024-06-20
The court held that the petitioner's claims of ineffective assistance of counsel are meritless and procedurally barred, and his motion to amend is untimely.
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M.D. Fla.·
2024-06-05
The court held that the petitioner's motion to vacate his sentence was time-barred and that his constitutional challenges to the statute under which he was convicted were foreclosed by binding precedent.
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M.D. Fla.·
2024-04-04
The court held that the petitioner's motion to vacate his conviction and sentence was untimely and that his claims lacked merit.
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2023 WL 4488294·
M.D. Fla.·
2024-03-28
A motion to vacate convictions under 28 U.S.C. § 2255 is time-barred if not filed within the one-year statute of limitations imposed by AEDPA, even if it raises jurisdictional challenges.
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M.D. Fla.·
2024-01-25
The court held that the petitioner's federal habeas corpus petition is time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed more than one year after the finalization of his state court conviction and subsequent appeals.
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M.D. Fla.·
2023-12-19
The court held that the petitioner's claims were untimely under the AEDPA statute of limitations and also lacked merit, therefore his motion to vacate his conviction and sentence was denied.
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S.D. Fla.·
2023-09-27
The court held that a motion to vacate sentence under 28 U.S.C. § 2255 was untimely because it was filed more than sixteen years after the conviction became final, and the cited Supreme Court case did not establish a new, retroactively applicable rule that would render the motion
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M.D. Fla.·
2023-04-17
Andre Alston sought to vacate his 15-year conviction and sentence for firearm possession by a convicted felon under 28 U.S.C. § 2255, arguing prosecutorial misconduct, speedy trial violations, ineffective assistance of counsel, and other constitutional violations. The district co
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M.D. Fla.·
2023-02-17
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2023-02-15
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2023-02-07
The court held that the petitioner's federal habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-01-31
The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations, and the petitioner failed to demonstrate actual innocence with new evidence to warrant an exception.
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M.D. Fla.·
2022-07-01
The court held that the movant's motion to vacate his conviction and sentence under 28 U.S.C. § 2255 was barred by the one-year statute of limitations. The court found that neither the alternative trigger dates nor equitable tolling could render the motion timely.
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M.D. Fla.·
2022-02-02
The federal habeas petition is untimely and dismissed because the petitioner failed to demonstrate entitlement to equitable tolling or the fundamental miscarriage of justice exception.
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M.D. Fla.·
2021-08-10
The court held that the petitioner's motion to vacate his sentence was untimely and without merit because the government's decision not to file a Rule 35(b) motion is discretionary and not subject to review absent an unconstitutional motive.
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S.D. Fla.·
2021-06-25
The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for writ of habeas corpus and refusing to issue a certificate of appealability.
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M.D. Fla.·
2021-05-25
The federal habeas petition is dismissed with prejudice as untimely filed, as the petitioner failed to demonstrate entitlement to equitable tolling or a miscarriage of justice.
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M.D. Fla.·
2021-05-20
The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling or demonstrate actual innocence.
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M.D. Fla.·
2020-12-01
The court held that the petitioner's motion to vacate sentence was untimely and without merit, as the Supreme Court decision relied upon was not retroactively applicable to cases on collateral review.
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M.D. Fla.·
2020-10-20
The court held that a judgment is not final for AEDPA statute of limitations purposes while resentencing is pending, thus the habeas petition must be dismissed.
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M.D. Fla.·
2020-09-09
The court held that the petitioner's motion to vacate sentence was untimely and without merit, as his claims regarding ineffective assistance of counsel and lack of jurisdiction failed under the applicable legal standards.
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M.D. Fla.·
2019-10-23
Archery Lynn Overstreet, convicted of being a felon in possession of a firearm and sentenced to 420 months under the Armed Career Criminal Act (ACCA), sought to vacate his sentence on the ground that it violated the Supreme Court's decision in *Johnson v. United States* invalidat
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M.D. Fla.·
2019-10-16
The court held that the petitioner's motion to vacate sentence was untimely because it was filed more than seven years after his conviction became final, and he failed to establish actual innocence or meet the requirements for the saving clause of 28 U.S.C. § 2255(e).
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M.D. Fla.·
2019-10-16
The court held that the petitioner's motion to vacate sentence was untimely filed under AEDPA's one-year statute of limitations, despite meeting the 'in custody' requirement.
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268 F. Supp. 2d 1329·
M.D. Fla.·
2003-06-20
A petitioner's failure to file a § 2255 motion within the one-year limitations period, even for claims based on newly recognized rights, does not render the § 2255 remedy inadequate or ineffective to allow use of the § 2241 savings clause.