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WEEKLEY v. MOORE

No. 98-4218.

244 F.3d 874 (2001)

Jeffrey WEEKLEY, Petitioner-Appellant, v. Michael W. MOORE, Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 15, 2001.

Attorney(s) appearing for the Case

Jeffrey B. Crockett, Aragon, Burlington, Wei & Crockett, P.A., Miami, FL, for Petitioner-Appellant.

Erin E. Dardis, Keller & Houck, P.A., Miami, FL, for Respondents-Appellees.

Before BIRCH and BARKETT, Circuit Judges, and MILLS, District Judge.

RICHARD MILLS, District Judge:

In our previous Opinion in this case, we noted that "[t]he resolution of this appeal . . . turns on whether a successive petition such as Weekley's is nonetheless a `properly filed application' under 28 U.S.C. § 2244(d)(2)." Weekley v. Moore, 204 F.3d 1083, 1085 (11th Cir.2000). The majority of this Court was persuaded by the reasoning of the United States Courts of Appeals for the Seventh...

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