WEBSTER v. MOORE

No. 99-4201.

199 F.3d 1256 (2000)

Frederick WEBSTER, Petitioner-Appellant, v. Michael W. MOORE, Secretary of Florida Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 4, 2000.


Attorney(s) appearing for the Case

Helen C. Trainor, Asst. Federal Public Defender, Kathleen M. Williams, Miami, FL, for Petitioner-Appellant.

Don M. Rogers, West Palm Beach, FL, Robert A. Butterworth, Tallahassee, FL, Michael J. Neimand, Fort Lauderdale, FL, for Respondent-Appellee.

Before COX, Circuit Judge, KRAVITCH, Senior Circuit Judge, and PROPST, Senior District Judge.


PER CURIAM:

Frederick Webster appeals the district court's dismissal of his 28 U.S.C. § 2254 petition as time-barred under 28 U.S.C. § 2244(d)'s one-year limitations period. We address, for the first time in this circuit, whether a petitioner whose state petition has been dismissed as untimely may avail himself of statutory tolling for "properly filed" state petitions under § 2244(d)(2). We conclude that he...

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