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THOMPSON v. SECRETARY, DEPT. OF CORRECTIONS

No. 08-10540.

595 F.3d 1233 (2010)

Ricardo D. THOMPSON, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Florida Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 27, 2010.

Attorney(s) appearing for the Case

Elaine Joan Mittleman (Court-Appointed), Falls Church, VA, for Petitioner-Appellant.

Ann M. Phillips, Robin A. Compton, Daytona Beach, FL, for Respondents-Appellees.

Before DUBINA, Chief Judge, and BIRCH and BLACK, Circuit Judges.

PER CURIAM:

Ricardo D. Thompson ("Thompson"), a state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). We granted Thompson a Certificate of Appealability on the following issue:

Whether, in light of Delancy v. Fla. Dep't of Corr., 246 F.3d 1328, 1330-31 (11th Cir.2001), the district court erred...

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