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DIAZ v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 02-10114.

362 F.3d 698 (2004)

Lazaro DIAZ, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, James Crosby, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 10, 2004.

Attorney(s) appearing for the Case

Neal Gary Rosensweig (Court Appointed), Hollywood, FL, for Petitioner-Appellant.

Steven Robert Parrish, Fort Lauderdale, FL, for Respondent-Appellee.

Before ANDERSON, COX and MAGILL, Circuit Judges.

PER CURIAM:

Petitioner-Appellant, Lazaro Diaz, appeals the district court's decision dismissing his petition for habeas relief pursuant to 28 U.S.C. § 2254, as amended by the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). On appeal, he contends that the one-year limitations period found in 28 U.S.C. § 2244(d)(1) should be equitably tolled for two reasons. First, he claims that the district court granted his motion for voluntary dismissal of...

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