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M.D. Fla.·
2021-02-22
A motion to vacate sentence under 28 U.S.C. § 2255 is denied because the claims are untimely and without merit, and equitable tolling is not warranted for the untimely filing.
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S.D. Fla.·
2021-02-19
The court adopted the Magistrate Judge's recommendation to deny the motion to vacate void judgment.
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S.D. Fla.·
2021-02-10
The court held that a federal habeas petition based on a newly recognized constitutional right is timely under 28 U.S.C. § 2244(d)(1)(C) if filed within one year of the date the right was initially recognized by the Supreme Court, not the date it was made retroactive.
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M.D. Fla.·
2021-02-09
The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his conviction became final and state post-conviction actions did not toll the limitations period.
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S.D. Fla.·
2021-02-08
The court held that the plaintiff's complaint failed to state a claim and was dismissed without prejudice, but granted his application to proceed in forma pauperis.
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M.D. Fla.·
2021-02-02
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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S.D. Fla.·
2021-01-31
The court held that the pro se petitioner's habeas corpus petition was time-barred under 28 U.S.C. § 2244(d)(1)(A) because it was filed nearly fourteen years after the judgment became final. Neither statutory tolling nor equitable exceptions applied.
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M.D. Fla.·
2021-01-27
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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S.D. Fla.·
2021-01-26
Johnson Cuffy's federal habeas corpus petition challenging his 2012 Florida conviction for racketeering, conspiracy, and grand theft was dismissed as time-barred under the one-year statute of limitations set forth in 28 U.S.C. § 2244(d)(1). The court determined that although Cuff
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M.D. Fla.·
2021-01-19
The court held that attorney negligence, even if egregious, does not by itself qualify as an extraordinary circumstance for equitable tolling of the AEDPA limitations period.
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S.D. Fla.·
2020-12-31
The court held that a federal court cannot entertain a Fourth Amendment claim in a habeas petition if the petitioner had a full and fair opportunity to litigate the claim in state court, and that the petitioner's claim was procedurally barred under Stone v. Powell.
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Del. Ch.·
2020-12-31
The Court of Chancery granted motions to dismiss Count I, finding that the plaintiff's breach of fiduciary duty claim was derivative and did not meet the narrow requirements for a direct claim under the "dual claim" doctrine. The court also granted motions to dismiss portions of
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S.D. Fla.·
2020-12-28
A district court may sua sponte dismiss a habeas petition as untimely without requiring a response from the state, provided the petitioner receives notice and an opportunity to be heard.
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S.D. Fla.·
2020-12-20
The court held that claims against Officer Casey were time-barred due to failure to meet the 'mistake' requirement for relation back under Rule 15(c)(1)(C), and that official capacity claims against Chief Quiñones were dismissed because the police department is not a suable entit
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M.D. Fla.·
2020-12-08
The court held that the plaintiffs' action was untimely because it was filed more than six months after the denial of their administrative claim by the USPS, and equitable tolling was not warranted.
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M.D. Fla.·
2020-12-04
The petition for writ of habeas corpus is dismissed as untimely filed because it was filed outside the one-year limitations period established by AEDPA.
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M.D. Fla.·
2020-12-02
The court held that the petitioner's federal habeas petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2020-11-18
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than two years after the statute of limitations expired.
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S.D. Fla.·
2020-11-13
An IRS tax compliance officer employed by the Department of Treasury brought suit against the Secretary of Treasury alleging disability discrimination, retaliation for requesting reasonable accommodations, race discrimination, and national origin discrimination based on his super
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M.D. Fla.·
2020-11-09
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, as the state court's actions indicated finality of the judgment despite the lack of an amended written sentence.
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M.D. Fla.·
2020-11-03
The court held that a state prisoner's federal habeas corpus petition was untimely filed because the one-year limitations period under AEDPA had expired before the petitioner filed his state post-conviction motion.
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M.D. Fla.·
2020-11-02
The court held that the plaintiff's claim was time-barred because he failed to exercise due diligence in following up on his right-to-sue notice from the EEOC.
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S.D. Fla.·
2020-10-30
The court held that the petitioner's habeas corpus petition was time-barred because it was filed more than one year after the judgment became final, and no equitable exceptions applied.
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M.D. Fla.·
2020-10-30
The court held that the petitioner's federal habeas petition was time-barred because he failed to demonstrate extraordinary circumstances or adequate diligence to warrant equitable tolling of the AEDPA's one-year limitations period.
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S.D. Fla.·
2020-10-29
The court held that most of the plaintiff's claims were barred by the statute of limitations and that the remaining malicious prosecution claims failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2020-10-28
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 conviction became final and no tolling events applied.
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M.D. Fla.·
2020-10-26
The court held that the petitioner's motion to vacate his sentence was untimely and dismissed it.
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M.D. Fla.·
2020-10-14
The court held that the petitioner's federal habeas corpus application was untimely because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA), and the corrected sentencing documents did not reset the limi
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M.D. Fla.·
2020-10-14
The court held that the petitioner's habeas corpus petition was untimely filed and that he failed to establish actual innocence to overcome the statute of limitations.
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M.D. Fla.·
2020-10-14
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations.
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Del. Ch.·
2020-10-09
The Court recommends granting the motion to dismiss, finding that the estate representative's claims are untimely and barred by laches. The court determined that the statute of limitations began to run on or around September 15, 2016, and the claims were not filed within the anal
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S.D. Fla.·
2020-10-09
The court granted the movant a final extension of time to file his amended motion but denied his request for an order compelling the facility to provide him access to legal materials and the law library.
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M.D. Fla.·
2020-10-02
The court held that the plaintiff's claims were barred by the statute of limitations and that equitable tolling was not warranted.
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S.D. Fla.·
2020-09-24
The court held that the plaintiff's petition for a writ of habeas corpus was untimely and not entitled to equitable tolling or actual innocence exceptions, and therefore dismissed the petition.
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S.D. Fla.·
2020-09-14
The court denied the defendant's motion to dismiss, finding that the plaintiff sufficiently alleged Article III standing and that claims based on pre-2004 conduct were not time-barred.
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M.D. Fla.·
2020-09-14
The court held that the petitioner's federal habeas corpus petition was time-barred under the AEDPA's one-year statute of limitations.
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M.D. Fla.·
2020-09-04
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2020-08-26
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations, as it was filed more than seven years after his judgment became final and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2020-08-17
The court held that the petitioner's claims were untimely and without merit, and therefore denied his motion to vacate his sentence.
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M.D. Fla.·
2020-08-13
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling.
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S.D. Fla.·
2020-08-10
The court denied motions for reconsideration, finding that the moving parties failed to demonstrate clear error or manifest injustice in the prior summary judgment order.
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M.D. Fla.·
2020-08-06
The court held that the plaintiff's Monell claims against the Sheriff were not time-barred on the face of the complaint but failed to state a claim upon which relief could be granted and were dismissed without prejudice.
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Del. Ch.·
2020-07-30
The Court of Chancery held that the plaintiffs' claims were timely filed, as the statute of limitations was tolled by fraudulent concealment and equitable tolling. The court found that the complaint stated claims for fraud against all defendants regarding certain representations
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M.D. Fla.·
2020-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2020-07-17
The court held that a wholly-owned subsidiary cannot sue a parent's fiduciary for breach of fiduciary duty under Delaware law, and that a claim for breach of fiduciary duty was adequately pleaded for equitable tolling purposes. The court also dismissed claims for failure to compl
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M.D. Fla.·
2020-06-23
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). The court reasoned that the one-year limitations period expired before the petitioner filed his state post-conviction relie
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298 So. 3d 114·
Fla. 1st DCA·
2020-06-11
The appellate court affirmed the trial court's dismissal of an inmate's petition for a writ of mandamus. The inmate challenged a prison disciplinary report but filed his petition beyond the 30-day jurisdictional deadline, and equitable tolling did not apply.
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M.D. Fla.·
2020-06-10
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the state court judgments became final, and no tolling events occurred.
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M.D. Fla.·
2020-06-09
The court held that the petitioner's motion to vacate his sentence was time-barred because he failed to demonstrate due diligence in discovering that his counsel did not file a requested direct appeal.
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S.D. Fla.·
2020-06-02
The court held that the plaintiff's claims were time-barred by the statute of limitations and that leave to amend would be futile, affirming the dismissal of the case.