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M.D. Fla.·
2023-05-08
The court denied the defendants' motion for reconsideration because they failed to demonstrate clear error, new evidence, or intervening changes in law, and the motion improperly attempted to relitigate previously decided issues.
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M.D. Fla.·
2023-04-25
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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M.D. Fla.·
2023-04-25
The court held that it lacks jurisdiction to grant an extension of time to file a habeas petition before the petition itself has been filed.
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M.D. Fla.·
2023-04-25
The court held that the petitioner's motion to vacate sentence was untimely and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-04-24
The court held that the habeas corpus application was time-barred and the applicant failed to show entitlement to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-04-24
The court held that the federal habeas petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2023-04-18
The court denied the father's petition for the child's return, finding the child was settled in the United States.
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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.·
2023-04-17
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than one year after the facts supporting his claim were discoverable.
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M.D. Fla.·
2023-04-17
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2023-04-14
The court held that the plaintiff's action for judicial review of the denial of social security benefits was untimely filed and not subject to equitable tolling.
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Del. Ch.·
2023-04-12
The Court of Chancery denied defendants' motion to dismiss based on laches, finding that the plaintiffs' claims were not time-barred. The court applied the separate accrual approach to determine claim accrual for Information-Systems, Red-Flags, and Massey Claims. The court establ
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S.D. Fla.·
2023-04-10
The court held that a motion to stay discovery pending a motion to dismiss is generally disfavored and requires a showing of good cause, prejudice, or clear merit in the dismissal motion, which was not met here.
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S.D. Fla.·
2023-04-07
The court held that the plaintiff's complaint sufficiently alleged facts to survive a motion to dismiss regarding the timeliness of his suit, but failed to sufficiently plead a hostile work environment claim.
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S.D. Fla.·
2023-03-31
The federal habeas petition is dismissed as time-barred under AEDPA because the petitioner failed to file within the one-year limitations period, and no tolling or exceptions applied.
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M.D. Fla.·
2023-03-31
The petition for writ of habeas corpus is dismissed as time-barred because it was filed after the expiration of the one-year limitations period under AEDPA, and equitable tolling is not warranted.
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M.D. Fla.·
2023-03-30
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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S.D. Fla.·
2023-03-29
The court held that the petitioner's second amended petition for a writ of habeas corpus was time-barred under AEDPA, and equitable tolling was not warranted due to his lack of diligence in complying with court orders and filing requirements.
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S.D. Fla.·
2023-03-28
The petition for a writ of habeas corpus is dismissed as untimely because it was filed more than one year after the conviction became final, and the petitioner failed to establish actual innocence or other grounds for equitable tolling.
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M.D. Fla.·
2023-03-27
The federal habeas petition is dismissed with prejudice 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 actual innocence.
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S.D. Fla.·
2023-03-27
The court held that the petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and must be dismissed.
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S.D. Fla.·
2023-03-22
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and equitable tolling was not warranted.
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M.D. Fla.·
2023-03-17
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it.
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S.D. Fla.·
2023-03-14
The court granted in part and denied in part the defendants' motion to dismiss. Counts II, III, IV, V, VI, VII, IX, X, XI, and XII of the Amended Complaint were dismissed without prejudice. The court denied the motion to strike allegations concerning constructive or actual discha
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S.D. Fla.·
2023-03-13
The court held that the motion to vacate sentence was untimely filed and denied equitable tolling for all asserted grounds.
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M.D. Fla.·
2023-03-09
The court held that the petitioner's federal habeas petition was timely filed because his notice of appeal was deemed timely under Florida's prison mailbox rule, which tolled the statute of limitations.
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S.D. Fla.·
2023-03-08
The court held that the defendants' motion to dismiss was granted in part and denied in part, dismissing some claims with prejudice and others without prejudice, and requiring an amended complaint.
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M.D. Fla.·
2023-02-28
The court held that the petitioner's claim that his guilty plea was involuntary due to misadvice on the maximum sentence was refuted by the record, as he was explicitly informed of the maximum sentence during the plea colloquy.
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S.D. Fla.·
2023-02-23
The court held that the plaintiff's claims were time-barred as the statute of limitations had expired and the plaintiff failed to establish grounds for statutory tolling, equitable estoppel, or equitable tolling.
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M.D. Fla.·
2023-02-17
The court denied the application for a Certificate of Appealability because the petitioner failed to make a substantial showing that reasonable jurists would find debatable the court's determination that the habeas petition was untimely and not entitled to equitable tolling.
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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.·
2023-02-01
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and was not entitled to statutory or equitable tolling.
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M.D. Fla.·
2023-01-20
A doctor with a disability insurance policy filed suit against Provident Life and Accident Insurance Company and its parent company Unum Group, alleging they denied his total disability claim through improper use of CPT codes and engaged in a racketeering scheme. The court grante
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M.D. Fla.·
2023-01-20
The court held that the petitioner's habeas petition was untimely and equitable tolling was not warranted because the attorney's misadvice, while negligent, did not rise to the level of abandonment or extraordinary circumstance required for tolling.
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M.D. Fla.·
2023-01-18
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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M.D. Fla.·
2023-01-17
A federal employee's failure to file a formal discrimination complaint within the required 15-day period, without sufficient justification for equitable tolling, constitutes a failure to exhaust administrative remedies, barring a subsequent civil action.
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M.D. Fla.·
2023-01-13
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither equitable tolling nor actual innocence exceptions applied.
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M.D. Fla.·
2023-01-05
The court held that the petitioner's habeas corpus petition was untimely and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-01-03
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not excuse the delay.
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M.D. Fla.·
2022-12-21
The court held that the petitioner's federal habeas petition was untimely because his third state postconviction motion was not properly filed and therefore did not toll the AEDPA's one-year limitations period.
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M.D. Fla.·
2022-12-13
The court held that the habeas corpus application was time-barred and therefore dismissed, denying a certificate of appealability and leave to appeal in forma pauperis.
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M.D. Fla.·
2022-12-09
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish actual innocence to overcome the statute of limitations.
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M.D. Fla.·
2022-12-07
The court held that the plaintiff's Title VII claims are time-barred due to failure to file within 90 days of receiving the notice of final agency action, and equitable tolling is not warranted. The court also held that Title VII is the exclusive remedy for federal employees alle
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M.D. Fla.·
2022-12-05
The court held that the plaintiff's Title VII claim was time-barred because the 90-day limitations period for filing suit after receiving a right-to-sue notice was not equitably tolled.
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M.D. Fla.·
2022-11-28
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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S.D. Fla.·
2022-11-28
The court held that a U.S. court in a secondary jurisdiction lacks subject matter jurisdiction to vacate a foreign arbitral award, and that the Panama Convention does not provide a basis for affirmative vacatur petitions under FAA Section 307.
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S.D. Fla.·
2022-11-21
The court held that the motion to vacate is untimely under 28 U.S.C. § 2255(f) and must be summarily dismissed. The court also denied a certificate of appealability.
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Del. Super. Ct.·
2022-11-21
The appellate court affirmed the trial court's decision, denying the plaintiff's motion for default judgment and granting the defendants' motions to dismiss. The court found that removal to federal court paused the state court's jurisdiction, negating the basis for default judgme