Mogford v. Dept. of Corrections, 091808 FED11, 07-15029

Docket Nº:07-15029
Opinion Judge:PER CURIAM:
Party Name:CHARLES MOGFORD, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS, Walter A. McNeil, Secretary, ATTORNEY GENERAL OF THE STATE OF FLORIDA, Bill McCollum, Respondents-Appellees.
Judge Panel:Before MARCUS, WILSON and PRYOR, Circuit Judges.
Case Date:September 18, 2008
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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CHARLES MOGFORD, Petitioner-Appellant,

v.

DEPARTMENT OF CORRECTIONS, Walter A. McNeil, Secretary, ATTORNEY GENERAL OF THE STATE OF FLORIDA, Bill McCollum, Respondents-Appellees.

No. 07-15029

United States Court of Appeals, Eleventh Circuit

September 18, 2008

DO NOT PUBLISH

Appeal from the United States District Court for the Southern District of Florida, D. C. Docket No. 07-60932-CV-WPD.

Before MARCUS, WILSON and PRYOR, Circuit Judges.

PER CURIAM:

Charles Mogford, a Florida prisoner, appeals the dismissal of his petition for a writ of habeas corpus as barred by the one year statute of limitation. 28 U.S.C. § 2254; Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214. The district court granted a certificate of appealability to address "whether [Mogford's] motion to mitigate under 3.800(c) of the Florida Rules of Criminal Procedure tolled the one year statute of limitations for his petition of writ of habeas corpus under 28 U.S.C. § 2254, and if so, whether an oral order denying the motion was not sufficient to re-start the period of limitations." We affirm.

We review de novo the dismissal of a petition as barred by the statute of limitation. Steed v. Head, 219 F.3d 1298, 1300 (11th Cir. 2000). The Act provides a one year statute of limitation that begins to run after the latest of four events, which includes "the date on which the judgment became final . . . ." 28 U.S.C. § 2244(d)(1). That period can be tolled for "[t]he time during which a properly filed application for State post-conviction or other collateral review is pending." Id. § 2244(d)(2). To qualify as an "application for State post-conviction or other collateral...

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