Mogford v. Dept. of Corrections, 091808 FED11, 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|
DO NOT PUBLISH
Appeal from the United States District Court for the Southern District of Florida, D. C. Docket No. 07-60932-CV-WPD.
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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