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MICHEL v. U.S.

No. 06-13982.

519 F.3d 1267 (2008)

Georges MICHEL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

P. Stephen Gidiere, III (Court-Appointed), Thomas Lee Casey, III, Balch & Bingham, LLP, Birmingham, AL, for Michel.

Leigh Lichty Pipkin, Mobile, AL, for U.S.

Before BIRCH, CARNES and COX, Circuit Judges.

COX, Circuit Judge:

I. OVERVIEW

Georges Michel appeals the district court's judgment dismissing as time-barred his 28 U.S.C. § 2255 motion to vacate his sentence. Michel's original § 2255 motion was filed before the statute of limitations ran, but because it was unsigned, the district court clerk did not file and docket it until Michel provided a signed copy after the statutory deadline. Michel contends that amended Rule 3(b) Governing § 2255...

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