Filed: Aug. 18, 2010
Latest Update: Feb. 21, 2020
Summary: [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 09-14820 ELEVENTH CIRCUIT AUGUST 18, 2010 Non-Argument Calendar JOHN LEY _ CLERK D. C. Docket No. 07-00333-CV-UA-SPC JAMES D. FORD, Petitioner-Appellant, versus SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL OF THE STATE OF FLORIDA, Respondents-Appellees. _ Appeal from the United States District Court for the Middle District of Florida _ (August 18, 2010) ON REMAND FROM THE SUPREME
Summary: [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 09-14820 ELEVENTH CIRCUIT AUGUST 18, 2010 Non-Argument Calendar JOHN LEY _ CLERK D. C. Docket No. 07-00333-CV-UA-SPC JAMES D. FORD, Petitioner-Appellant, versus SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL OF THE STATE OF FLORIDA, Respondents-Appellees. _ Appeal from the United States District Court for the Middle District of Florida _ (August 18, 2010) ON REMAND FROM THE SUPREME C..
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[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-14820 ELEVENTH CIRCUIT
AUGUST 18, 2010
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D. C. Docket No. 07-00333-CV-UA-SPC
JAMES D. FORD,
Petitioner-Appellant,
versus
SECRETARY, DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL OF THE STATE OF FLORIDA,
Respondents-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(August 18, 2010)
ON REMAND FROM THE
SUPREME COURT OF THE UNITED STATES
Before DUBINA, Chief Judge, EDMONDSON and PRYOR, Circuit Judges.
PER CURIAM:
This appeal is before us on remand from the Supreme Court. See Ford v.
McNeil, __ S. Ct. __, No. 09-7493 (June 21, 2010). This Court denied in an
unpublished order James D. Ford’s application for a certificate of appealability
about the issue whether Ford is entitled to equitable tolling of the one-year
limitations period in the Antiterrorism and Effective Death Penalty Act, 28 U.S.C.
§ 2244(d). The Supreme Court vacated that order and remanded to this Court for
further consideration in the light of Holland v. Florida, 560 U.S. __,
130 S. Ct.
2549 (2010). We now remand to the district court for the limited purpose of
conducting further proceedings and fact-finding—including, if necessary, an
evidentiary hearing—consistent with the opinion and judgment of the Supreme
Court in Holland.
LIMITED REMAND.