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MATTERN v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 05-15161.

494 F.3d 1282 (2007)

Floyd Blair MATTERN, Petitioner-Appellant, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 7, 2007.

Attorney(s) appearing for the Case

Janice Bergmann, Fed. Pub. Def., Ft. Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Mattern.

Melynda Layne Melear, West Palm Beach, FL, for Respondent-Appellee.

Before BARKETT, KRAVITCH and STAHL, Circuit Judges.

PER CURIAM:

Floyd Blair Mattern, a federal prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas petition as moot. For the reasons that follow, we conclude the petition was not moot, and we vacate and remand with instructions for the district court to hold an evidentiary hearing on whether the petition was timely filed.

I. Background

Mattern was charged in state court with...

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