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BATES v. SECRETARY, DEPT. OF CORRECTIONS

No. 17-14960.

964 F.3d 1326 (2020)

Torrence BATES, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 14, 2020.

Attorney(s) appearing for the Case

Thomas A. Burns , Burns, PA, Tampa, FL, for Petitioner-Appellant.

Donna S. Koch , Pam Bondi , Attorney General's Office, Criminal Division, Tampa, FL, for Respondents-Appellees.

Before WILLIAM PRYOR, Chief Judge, ROSENBAUM and LUCK, Circuit Judges.

Torrence Bates appeals the dismissal of his petition for a writ of habeas corpus, 28 U.S.C. § 2254, as untimely. The district court ruled that the one-year limitations period to file a petition, id. § 2244(d), was not tolled until the date Bates filed a motion for postconviction relief that complied with...

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