SMITH v. COMMISSIONER, ALA. DEPT. OF CORRECTIONS

No. 11-13802.

703 F.3d 1266 (2012)

Ronald Bert SMITH, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 28, 2012.


Attorney(s) appearing for the Case

John Anthony Palombi , Christine A. Freeman , Nicole Ramos, Fed. Pub. Defenders, Montgomery, AL, for Petitioner-Appellant.

James Clayton Crenshaw , Atty. Gen.'s Office, Montgomery, AL, for Respondent-Appellee.

Before TJOFLAT, BARKETT and HULL, Circuit Judges.


PER CURIAM:

Ronald Bert Smith appeals the dismissal of his federal habeas corpus petition brought pursuant to 28 U.S.C. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996, ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214. The district court dismissed the federal petition because it was not filed within AEDPA's one-year statute of limitations. The only issues here involve tolling.

The district court rejected Smith's argument that...

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