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RAINEY v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 04-13282.

443 F.3d 1323 (2006)

John O'Neal RAINEY, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Attorney General of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 29, 2006.

Attorney(s) appearing for the Case

Mark Andrew Goettel (Court-Appointed), New Prt Rchy, FL, for Rainey.

Mary Griffo Jolley, Atty. Gen., Daytona Beach, FL, for Respondents-Appellees.

Before EDMONDSON, Chief Judge, and BLACK and FAY, Circuit Judges.

BLACK, Circuit Judge:

Appellant John O'Neal Rainey, Jr. appeals the district court's dismissal of his application for a writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254, as time-barred under the one-year statute of limitations contained in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1). We granted a certificate of appealability as to the following two issues:

(1) Whether the district court properly...

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