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ROGERS v. SECRETARY, DEPT. OF CORRECTIONS

No. 15-12880.

855 F.3d 1274 (2017)

Michael ROGERS, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 2, 2017.

Attorney(s) appearing for the Case

Richard Michael Summa , Randolph Patterson Murrell , Federal Public Defender's Office, Tallahassee, FL, for Petitioner-Appellant.

Bryan G. Jordan , Charles Richey McCoy , Pam Bondi , Attorney General's Office, Tallahassee, FL, for Respondent-Appellee.

Before WILSON and JULIE CARNES, Circuit Judges, and HALL, District Judge.

Michael Rogers argues, and the Secretary of the Florida Department of Corrections disputes, that Rogers's motion under Rule 3.800(c), Florida Rules of Criminal Procedure, tolled the time in which he could petition for federal habeas relief. Under 28 U.S.C. § 2244(d)(2), this time is tolled during the pendency of a state...

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