729 Fed.Appx. 919 (11th Cir. 2018), 17-10643, Silva v. Secretary, Department of Corrections

Docket Nº:17-10643
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 General’s 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
 
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Page 919

729 Fed.Appx. 919 (11th Cir. 2018)

Juan SILVA, Petitioner-Appellant,

v.

SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

No. 17-10643

United States Court of Appeals, Eleventh Circuit

July 6, 2018

Editorial Note:

DO NOT PUBLISH.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 General’s Office, Daytona Beach, FL, for Respondents-Appellees

Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges.

OPINION

PER CURIAM:

Page 920

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. Dep’t 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...

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