Ford v. Secretary, Department of Corrections

U.S. Court of Appeals for the Eleventh Circuit
Ford v. Secretary, Department of Corrections, 614 F.3d 1241 (11th Cir. 2010)
2010 U.S. App. LEXIS 17198; 2010 WL 3245406

Ford v. Secretary, Department of Corrections

Opinion of the Court

PER CURIAM:

This appeal is before us on remand from the Supreme Court. See Ford v. McNeil, — U.S.-, 130 S.Ct. 3453, — L.Ed.2d -(2010). This Court denied in an unpublished order James D. Ford’s application for a certificate of appealability about the issue whether Ford is entitled to equitable tolling of the one-year limitations period in the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. § 2244(d). The Supreme Court vacated that order and remanded to this Court for further consideration in the light of Holland v. Florida, 560 U.S.-, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010). We now remand to the district court for the limited purpose of conducting further proceedings and fact-finding — including, if necessary, an evidentiary hearing' — consistent with the opinion and judgment of the Supreme Court in Holland.

LIMITED REMAND.

Reference

Full Case Name
James D. FORD v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General of the State of Florida
Status
Published