James D. Ford v. Sec, DOC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 18, 2010
• Docket: 09-14820
• Status: Published

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unpublished order James D. Ford’s application for a certificate of appealability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.