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DAY v. CROSBY

No. 04-10778 Non-Argument Calendar.

391 F.3d 1192 (2004)

Patrick DAY, Petitioner-Appellant, v. James CROSBY, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 29, 2004.

Attorney(s) appearing for the Case

Patrick Day, Wewahitchka, FL, pro se.

Charles R. McCoy, Tallahassee, FL, for Respondent-Appellee.

Before TJOFLAT, DUBINA and PRYOR, Circuit Judges.

PER CURIAM:

Patrick Day, a Florida prisoner, appeals pro se the dismissal of his petition for a writ of habeas corpus under 28 U.S.C. section 2254. The district court dismissed Day's petition sua sponte after deciding that it was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), even though the state erroneously conceded that Day's petition was timely. We granted Day a certificate of appealability to determine whether...

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