BARKETT, Circuit Judge:
Gerald Tinker, a Florida prisoner, appeals the dismissal of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 as time barred. On appeal Tinker argues that his federal petition should not have been dismissed because the timely filing of his state motion for post-conviction relief tolled the federal filing period, notwithstanding that his state petition was filed after the one-year statute of limitations for federal habeas...
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