Zack v. Tucker

Decision Date30 April 2012
Docket NumberNo. 09–12717.,09–12717.
Citation678 F.3d 1203,23 Fla. L. Weekly Fed. C 994
PartiesMichael Duane ZACK, III, Petitioner–Appellant, v. Kenneth S. TUCKER, Pam Bondi, Respondents–Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

OPINION TEXT STARTS HERE

Martin J. McClain (Court–Appointed), Linda McDermott (Court–Appointed), McClain & McDermott, P.A., Wilton Manors, FL, for PetitionerAppellant.

Charmaine M. Millsaps, Tallahassee, FL, for RespondentsAppellees.

Michael A. Rotker, U.S. Dept. of Justice, Crim. Div., Washington, DC, for Amicus Curiae.

On Appeal from the United States District Court for the Northern District of Florida (No. 05–00369–CV–RH); Robert Hinkle, Judge.

(Opinion Jan. 9, 2012, 666 F.3d 1265, 11th Cir.2012)

Before DUBINA, Chief Judge, and TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges.

BY THE COURT:

A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

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13 cases
  • Beeman v. United States
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 22, 2017
  • Alston v. United States
    • United States
    • U.S. District Court — Middle District of Florida
    • April 17, 2023
    ... ... exercise of due diligence ... Id. The statute of limitations applies on a ... claim-by-claim basis. Zack v. Tucker , ... 704 F.3d 917, 918 (11th Cir. 2013). “Typically, the ... applicable triggering date is ‘the date on which the ... ...
  • Zack v. Tucker
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • January 9, 2013
    ...all the other claims asserted in his petition. Id. at 1269. We vacated the panel opinion and reheard the case en banc. Zack v. Tucker, 678 F.3d 1203 (11th Cir.2012).II. ISSUE Whether 28 U.S.C. § 2244(d)(1) provides a single statute of limitations that applies to the application as a whole o......
  • Thomas v. United States, Case No. 2:11-cv-08019-RDP-JEO
    • United States
    • U.S. District Court — Northern District of Alabama
    • September 22, 2014
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