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HARDY v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 99-13936.

246 F.3d 1300 (2001)

Gregory HARDY, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Michael W. Moore, Secretary, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 4, 2001.

Attorney(s) appearing for the Case

William M. Norris (Court-Appointed), Law Office of William M. Norris, P.A., Coconut Grove, FL, for Petitioner-Appellant.

Heidi L. Bettendorf, West Palm Beach, FL, for Respondent-Appellee.

Before ANDERSON, Chief Judge, and RONEY and FAY, Circuit Judges.

PER CURIAM:

Gregory Hardy appeals the district court's dismissal of his habeas corpus petition, 28 U.S.C. § 2254, as time barred. The sole question is whether Hardy's filing of two postconviction motions under Fla. R.Crim. P. 3.850 tolled the statute of limitations for filing his federal habeas appeal. Because we are unable to conclusively resolve this issue, we vacate and remand to the district court for consideration in light of an intervening Supreme Court...

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