729 Fed.Appx. 919 (11th Cir. 2018), 17-10643, Silva v. Secretary, Department of Corrections
|Citation:||729 Fed.Appx. 919|
|Opinion Judge:||PER CURIAM:|
|Party Name:||Juan SILVA, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.|
|Attorney:||Juan Silva, Pro Se Carmen F. Corrente, Pam Bondi, Linda Charlene Matthews, Attorney Generals Office, Daytona Beach, FL, for Respondents-Appellees|
|Judge Panel:||Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges.|
|Case Date:||July 06, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Eleventh Circuit|
DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)
Appeal from the United States District Court for the Middle District of Florida, D.C. Docket No. 6:15-cv-02109-ACC-DCI
Juan Silva, Pro Se
Carmen F. Corrente, Pam Bondi, Linda Charlene Matthews, Attorney Generals Office, Daytona Beach, FL, for Respondents-Appellees
Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges.
The Antiterrorism and Effective Death Penalty Act imposes a one-year statute of limitations in which a petitioner may file a writ of habeas corpus in a federal district court, running from any one of four circumstances. See 28 U.S.C. § 2244(d)(1). The one-year clock may be tolled when a petitioner files post-conviction motions for relief in state court, see § 2244(d)(2), but not all motions toll the AEDPA one-year statute of limitations.
Juan Silva was convicted in Florida state court of numerous crimes, and his convictions became final, for purposes of the AEDPA one-year statute of limitations, on July 18, 2011. See § 2244(d)(1)(A). Following those convictions, and over the course of years, Mr. Silva filed a flurry of post-conviction motions for relief, namely under Florida Rules of Criminal Procedure 3.800 and 3.850. It is settled law that timely Rule 3.800(a) and Rule 3.850 motions toll the one-year AEDPA clock. See Ford v. Moore, 296 F.3d 1035, 1040 (11th Cir. 2002); Cadet v. Fla. Dept of Corr., 853 F.3d 1216, 1219 (11th Cir. 2017). But when Mr. Silva filed his petition seeking a writ of habeas corpus from the federal district court on December 14, 2015, it was an open question whether Rule 3.800(c) motions toll the...
To continue readingFREE SIGN UP