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M.D. Fla.·
2023-11-07
The court held that the motion to vacate was time-barred and not entitled to equitable tolling, as the petitioner failed to exercise due diligence in discovering the status of his appeal.
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M.D. Fla.·
2023-11-06
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because it was filed more than one year after his judgment became final.
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M.D. Fla.·
2023-11-01
The court held that a claim based solely on the retroactive application of an amended state statute under state law is not cognizable on federal habeas corpus review.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice. A certificate of appealability was denied.
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M.D. Fla.·
2023-10-31
The court held that the federal habeas petition was untimely filed under AEDPA's one-year statute of limitations, and thus dismissed the petition.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period, as the conviction became final on December 3, 2014, and the petition was filed on March 14, 2021.
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M.D. Fla.·
2023-10-30
The court held that the applicant's habeas corpus petition was time-barred and not entitled to equitable tolling.
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N.D. Fla.·
2023-10-27
The court held that the petitioner's claims for equitable tolling based on lack of education, inmate law clerk failures, and separation from legal papers were insufficient to overcome the untimeliness of his habeas petition.
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M.D. Fla.·
2023-10-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because he failed to file it within the one-year limitations period and did not demonstrate entitlement to statutory or equitable tolling.
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S.D. Fla.·
2023-10-24
The court held that the movant's motion under 28 U.S.C. § 2255 was untimely and not subject to equitable tolling.
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S.D. Fla.·
2023-10-23
The court held that the movant's motion under 28 U.S.C. § 2255 was untimely and dismissed it.
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M.D. Fla.·
2023-10-17
The court held that the petitioner's motion to vacate his conviction was untimely and dismissed it because he failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2023-10-12
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and that the circumstances presented did not warrant equitable tolling.
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S.D. Fla.·
2023-10-10
The court held that the motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255 was untimely.
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M.D. Fla.·
2023-10-03
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.·
2023-10-02
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.·
2023-09-28
The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitation period established by AEDPA, and the petitioner failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2023-09-27
The court held that the petitioner's newly raised claims were time-barred under AEDPA and that his remaining claims lacked merit, denying his motion to vacate, set aside, or correct his sentence.
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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.·
2023-09-27
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations.
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S.D. Fla.·
2023-09-20
The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.
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S.D. Fla.·
2023-09-12
The court held that claims acquired after the statutory cutoff date are barred, but scienter and other defenses were sufficiently pleaded to survive dismissal.
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M.D. Fla.·
2023-09-12
The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and his state postconviction motion did not toll the period as it was deemed untimely by the state court.
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M.D. Fla.·
2023-08-31
The court held that a claim that the state court lacked jurisdiction does not provide an exception to the one-year limitations period under AEDPA for federal habeas corpus petitions.
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M.D. Fla.·
2023-08-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and was therefore dismissed with prejudice.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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Del. Super. Ct.·
2023-08-11
The Delaware Superior Court denied the defendant's motion to dismiss the claim for tortious interference with prospective contractual relations, finding that the plaintiff had sufficiently alleged that the defendant exerted improper economic pressure as part of a scheme to take o
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S.D. Fla.·
2023-08-09
The court held that plaintiffs who acquired claims to confiscated Cuban property after March 12, 1996, are barred from bringing suit under the Helms-Burton Act, and that all plaintiffs failed to adequately plead knowing and intentional trafficking by the defendants.
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S.D. Fla.·
2023-08-04
The court held that the movant's motion to vacate was untimely and not entitled to equitable tolling, as COVID-19 related prison restrictions do not constitute extraordinary circumstances.
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M.D. Fla.·
2023-08-03
The court held that the defendant's motion to vacate his sentence was untimely and also failed on the merits, as his claims of ineffective assistance of counsel were not substantiated.
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M.D. Fla.·
2023-08-01
The federal habeas petition is dismissed as time-barred because the one-year statute of limitations expired before the petition was filed and subsequent state post-conviction filings did not toll the period.
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Fla. 3d DCA·
2023-07-26
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Fla. 3d DCA·
2023-07-26
Due process in quasi-judicial agency proceedings is satisfied when parties receive notice of the hearing and a meaningful opportunity to be heard.
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S.D. Fla.·
2023-07-20
The court denied the plaintiff's motion for reconsideration because it was an improper attempt to relitigate issues already decided and failed to present new arguments or evidence.
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M.D. Fla.·
2023-07-17
The court held that the petitioner's claims were procedurally defaulted and lacked merit, and that his motion to vacate his sentence was time-barred.
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M.D. Fla.·
2023-07-13
The court held that a certificate of appealability is required to appeal the denial of a Rule 60(b) motion in a § 2254 proceeding, and the applicant failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2023-07-10
The court denied the petitioner's motion to alter or amend the judgment, finding no manifest error of law or fact, newly discovered evidence, or other justification for relief.
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S.D. Fla.·
2023-06-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no exceptions applied.
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M.D. Fla.·
2023-06-21
Elias Makere, a Black former employee of Allstate, brought suit alleging race and sex discrimination, harassment, and retaliation occurring during and after his employment with the company. The district court dismissed most of Makere's claims, including his post-termination retal
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M.D. Fla.·
2023-06-13
The court granted plaintiffs' motion for conditional certification of a collective action under the FLSA, finding sufficient evidence that other employees are similarly situated and desire to opt-in.
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S.D. Fla.·
2023-06-07
The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because the petitioner failed to file within the one-year statute of limitations and did not establish grounds for equitable to
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S.D. Fla.·
2023-06-07
The court held that the motion to vacate sentence under 28 U.S.C. § 2255 was untimely because it was filed more than one year after the judgment of conviction became final, and no exceptions applied.
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M.D. Fla.·
2023-06-06
The court held that the petition for writ of habeas corpus was untimely and dismissed it. Even addressing the merits, the court found no basis for relief on the claims of ineffective assistance of counsel.
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S.D. Fla.·
2023-06-05
The court held that Federal Rule of Criminal Procedure 41(g) is inapplicable to civil forfeitures, and the plaintiff failed to state a claim under the Civil Asset Forfeiture Reform Act (CAFRA) because he had actual notice and sufficient time to file his claim, and did not present
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S.D. Fla.·
2023-06-02
The court held that the children are well-settled in the United States and therefore denied the petition for their return to Venezuela under the Hague Convention.
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M.D. Fla.·
2023-06-01
The court held that the petitioner's federal habeas corpus petition was timely filed due to equitable tolling, as an extraordinary circumstance prevented him from timely receiving notice of a state court order. The court denied the respondent's motion to dismiss.
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M.D. Fla.·
2023-05-26
Craig Ridley died in October 2017, approximately four weeks after correctional officers at a Florida prison allegedly used excessive force on him, causing a spinal cord injury that left him quadriplegic; his estate and surviving family members filed this wrongful death suit again
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M.D. Fla.·
2023-05-25
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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S.D. Fla.·
2023-05-17
The court held that the petition for a writ of habeas corpus is untimely under AEDPA, and therefore dismissed.