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ALEXANDER v. SECRETARY, DEPT. OF CORRECTIONS

No. 06-12501.

523 F.3d 1291 (2008)

Howard ALEXANDER, Sr., Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 8, 2008.

Attorney(s) appearing for the Case

Melissa K. Marler (Court-Appointed), Breon S. Peace (Court-Appointed), Cleary, Gottlieb, Steen & Hamilton, LLP, New York City, for Alexander.

Patricia Ann McCarthy, Tampa, FL, for Respondents-Appellees.

Before BLACK, HULL and FAY, Circuit Judges.

HULL, Circuit Judge:

This Court grants the State's "Petition for Rehearing or Clarification," vacates our prior opinion entered on March 3, 2008 and published at 518 F.3d 878, and enters the following opinion in its place.

Howard Alexander, Sr., a Florida prisoner with appointed counsel, appeals the dismissal of his 28 U.S.C. § 2254 petition as barred by the one-year limitations period in 28 U.S.C. § 2244(d)(1)....

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