James D. Ford v. Sec, DOC

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED U.S. COURT OF APPEALS

No. 09-14820 ELEVENTH CIRCUIT AUGUST 18, 2010

Non-Argument Calendar

JOHN LEY

________________________

CLERK

D. C. Docket No. 07-00333-CV-UA-SPC JAMES D. FORD,

Petitioner-Appellant,

versus

SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL OF THE STATE OF FLORIDA,

Respondents-Appellees.

________________________

Appeal from the United States District Court for the Middle District of Florida

_________________________

(August 18, 2010)

ON REMAND FROM THE

SUPREME COURT OF THE UNITED STATES

Before DUBINA, Chief Judge, EDMONDSON and PRYOR, Circuit Judges. PER CURIAM:

This appeal is before us on remand from the Supreme Court. See Ford v.

McNeil, __ S. Ct. __, No. 09-7493 (June 21, 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 This Court denied in an unpublished order James D. Ford’s application for a certificate of appealability about the issue whether Ford is entitled to equitable tolling of the one-year limitations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 (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.