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M.D. Fla.·
2021-12-06
The petition for a writ of habeas corpus is dismissed as untimely because it was filed after the one-year limitations period expired and the petitioner failed to establish entitlement to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2021-11-17
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.·
2021-11-10
The petition for writ of habeas corpus is dismissed as untimely because it was filed outside the one-year limitations period established by AEDPA.
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S.D. Fla.·
2021-11-08
The court denied the Petitioner's motion for an indicative ruling, finding that the requested relief regarding equitable tolling was already on appeal and that the request for transcripts was not properly before the court under Rule 62.1.
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S.D. Fla.·
2021-10-25
The court held that the plaintiff's employment discrimination claim was untimely and barred by the statute of limitations.
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S.D. Fla.·
2021-10-25
The court held that the plaintiff's complaint was untimely filed, as it was filed more than ninety days after receipt of the final agency decision.
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M.D. Fla.·
2021-10-19
The court held that the petitioner's habeas petition was untimely because he failed to demonstrate reasonable diligence, a prerequisite for equitable tolling.
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Del. Ch.·
2021-10-18
The Court of Chancery granted the defendant's motion to dismiss, holding that the plaintiffs' claims were time-barred. The court found that the applicable three-year statute of limitations had expired, and no tolling doctrines or extraordinary circumstances applied to save the cl
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S.D. Fla.·
2021-10-14
The court held that the judgment of conviction became final when the Supreme Court denied the first writ of certiorari challenging the conviction, not the subsequent denial of certiorari for the amended forfeiture order.
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M.D. Fla.·
2021-10-07
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period and denied equitable tolling.
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N.D. Fla.·
2021-09-28
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and the petitioner failed to establish a valid actual innocence gateway claim.
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M.D. Fla.·
2021-09-27
The court held that venue was improper in the Middle District of Florida and transferred the case to the Eastern District of Virginia in the interest of justice.
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M.D. Fla.·
2021-09-21
A state prisoner's AEDPA limitations period does not restart when a sentence is amended nunc pro tunc to correct an omission, as this does not constitute a new judgment.
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M.D. Fla.·
2021-09-17
The petition for writ of habeas corpus is dismissed as untimely because the petitioner's final state post-conviction motion was not properly filed under state law and therefore did not toll the federal limitations period.
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M.D. Fla.·
2021-08-30
The court denied the habeas corpus application because the claims were either untimely, procedurally defaulted, or failed to meet the AEDPA's deferential review standards for state court decisions on ineffective assistance of counsel claims.
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S.D. Fla.·
2021-08-17
The petition for writ of habeas corpus is dismissed as time-barred and for failure to comply with a court order.
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M.D. Fla.·
2021-08-16
The court held that it lacked subject-matter jurisdiction over the plaintiff's constitutional claims due to the Rooker-Feldman doctrine and that the ADA claim failed for insufficient pleading and being time-barred.
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M.D. Fla.·
2021-08-12
The petition for a writ of habeas corpus is dismissed with prejudice because it was untimely filed and the petitioner failed to establish entitlement to equitable tolling.
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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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M.D. Fla.·
2021-08-02
The court held that the petitioner's habeas petition was untimely filed and not entitled to equitable tolling.
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S.D. Fla.·
2021-08-02
The court held that the petitioner's motion to vacate his sentence was time-barred because it was filed outside the one-year limitation period prescribed by 28 U.S.C. § 2255(f).
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M.D. Fla.·
2021-07-28
The court held that the petitioner's habeas corpus petition was untimely and not subject to equitable tolling because he failed to demonstrate due diligence or a causal connection between his mental impairment and the late filing.
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M.D. Fla.·
2021-07-26
The petition for a writ of habeas corpus is dismissed as untimely filed because the petitioner failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2021-07-21
Jose Antonio Torres sought federal habeas corpus relief challenging his Florida state conviction for kidnapping and the second-degree murder of Malik Muhammad, arguing that his trial counsel provided ineffective assistance in various ways, including failing to move to suppress ev
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M.D. Fla.·
2021-07-15
The court held that the petitioner's habeas corpus petition was untimely filed and not entitled to equitable tolling or actual innocence exceptions.
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M.D. Fla.·
2021-07-13
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed under the AEDPA's one-year limitations period.
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M.D. Fla.·
2021-07-09
The federal habeas petition is timely due to equitable tolling, but claims are either procedurally barred or fail on the merits.
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M.D. Fla.·
2021-06-29
The court held that genuine issues of material fact exist regarding fraudulent concealment and inquiry notice, thus denying the motion for summary judgment.
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M.D. Fla.·
2021-06-09
The court held that the petitioner's habeas petition was untimely and he was not entitled to equitable tolling due to mental impairment, as his past litigation conduct demonstrated capacity and a lack of diligence.
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M.D. Fla.·
2021-06-01
The court held that the claim against Mallard was time-barred and dismissed it with prejudice, and dismissed claims against Havenner and the remaining defendants without prejudice due to service and compliance issues.
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M.D. Fla.·
2021-05-26
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.·
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.·
2021-05-19
# Summary
S.Y., a victim of sex trafficking at a Residence Inn hotel between 2014 and 2016, sued Marriott International, Residence Inn by Marriott LLC, CSM RI Naples LLC, and CSM Corporation alleging violations of the Trafficking Victims Protection Reauthorization Act of 2008, F
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S.D. Fla.·
2021-05-14
The court held that a state trial court's recharacterization of a motion as untimely and successive under state law is not a federal issue reviewable in a § 2254 habeas petition.
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M.D. Fla.·
2021-04-30
The court held that the petitioner's amended petition for writ of habeas corpus is untimely as to one of his convictions, requiring dismissal in part.
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M.D. Fla.·
2021-04-26
# S.Y. v. Choice Hotels International, Inc.
A sex trafficking victim sued Choice Hotels International and the franchisee operator of a Comfort Inn hotel in Naples, Florida, alleging the defendants knowingly benefited from sex trafficking that occurred on the premises between 201
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M.D. Fla.·
2021-04-20
The Eleventh Circuit affirmed the district court's denial of Franco's motion to vacate his sentence under 28 U.S.C. § 2255. The court held that Franco's motion was untimely and without merit, as his claims were barred by the one-year statute of limitations and he failed to establ
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M.D. Fla.·
2021-04-16
The court held that the federal habeas petition was time-barred because it was filed more than one year after the judgment became final, and the petitioner failed to establish grounds for equitable tolling.
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M.D. Fla.·
2021-04-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or actual innocence exceptions.
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M.D. Fla.·
2021-04-07
The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence for his murder conviction lacked merit and did not warrant federal habeas relief.
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N.D. Fla.·
2021-04-05
The court adopted the magistrate judge's report, granting the respondent's motion to dismiss the untimely habeas petition and denying a certificate of appealability.
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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M.D. Fla.·
2021-03-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his judgment became final, and the tolling periods from state post-conviction motions were insufficient to make it timely.
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M.D. Fla.·
2021-03-23
The court held that the petitioner's motion to vacate his sentence was untimely and dismissed it, as he failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2021-03-15
The federal habeas petition is dismissed as untimely because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and neither state post-conviction motions nor equitable tolling could revive the expired period.
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S.D. Fla.·
2021-03-08
The court held that the habeas corpus petition was untimely and procedurally barred, and that the petitioner failed to establish ineffective assistance of counsel under the Strickland standard.
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M.D. Fla.·
2021-03-02
The court held that the petitioner's motion to vacate his sentence was untimely filed under 28 U.S.C. § 2255, and he failed to establish grounds for equitable tolling or the actual innocence exception.
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M.D. Fla.·
2021-03-02
A federal habeas corpus petition filed more than nine years after the conviction became final is untimely and must be dismissed, as statutory and equitable tolling do not apply.
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M.D. Fla.·
2021-03-01
The court held that the petitioner's motion to vacate, set aside, or correct his sentence was untimely and lacked merit, and denied a certificate of appealability.