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SPOTTSVILLE v. TERRY

No. 05-12656.

476 F.3d 1241 (2007)

Daniel Andrew SPOTTSVILLE, Petitioner-Appellant, v. William TERRY, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 1, 2007.

Attorney(s) appearing for the Case

Bradley W. Pratt, Courtland L. Reichman (Court-Appointed), King & Spalding, LLP, Atlanta, GA, for Spottsville.

Chad Eric Jacobs, Atlanta, GA, for Terry.

Before BIRCH and PRYOR, Circuit Judges, and COVINGTON, District Judge.

PRYOR, Circuit Judge:

Daniel Spottsville, a Georgia prisoner, appeals the dismissal of his petition for a writ of habeas corpus as untimely and raises two issues: whether Spottsville's filing of papers in the wrong clerk's office to appeal the denial of his state petition for habeas relief tolled the limitations period for filing his federal petition; and, alternatively, whether Spottsville is entitled to equitable tolling for having relied on misleading instructions...

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