day
mcdonough
interim
secretary
florida
department
corrections
argued
february
decided
april
antiterrorism
effective
death
penalty
act
aedpa
sets
limitation
period
filing
state
prisoner
federal
habeas
corpus
petition
running
date
judgment
became
final
conclusion
direct
review
expiration
time
seeking
review
stops
clock
petitioner
properly
filed
application
state
postconviction
relief
pending
eleventh
circuit
precedent
challenged
tolling
period
include
days
petitioner
might
sought
certiorari
review
challenging
denial
postconviction
relief
petitioner
day
florida
sentence
affirmed
december
time
seek
review
final
decision
expired
march
day
unsuccessfully
sought
state
postconviction
relief
days
later
trial
judgment
affirmed
appeal
effective
december
day
petitioned
federal
habeas
relief
days
later
january
florida
answer
asserted
petition
timely
filed
days
untolled
time
inspecting
answer
attachments
however
federal
magistrate
judge
determined
state
miscalculated
tolling
time
controlling
eleventh
circuit
precedent
untolled
time
actually
days
rendering
petition
untimely
affording
day
opportunity
show
cause
petition
dismissed
failure
meet
aedpa
deadline
magistrate
judge
found
petitioner
responses
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recommended
dismissal
district
adopted
recommendation
eleventh
circuit
affirmed
concluding
state
patently
erroneous
concession
timeliness
compromise
district
authority
sua
sponte
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habeas
petition
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presented
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discretion
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sponte
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clock
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rule
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state
failure
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federal
habeas
petitioners
district
required
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ford
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judge
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rule
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proc
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proc
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sponte
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issue
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barred
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granberry
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period
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nine
months
state
answer
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nothing
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appears
record
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circuit
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ginsburg
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roberts
kennedy
souter
alito
joined
stevens
filed
opinion
dissenting
judgment
breyer
joined
scalia
filed
dissenting
opinion
thomas
breyer
joined
patrick
day
petitioner
james
mcdonough
interim
secretary
florida
department
corrections
writ
certiorari
appeals
eleventh
circuit
april
justice
ginsburg
delivered
opinion
case
concerns
authority
district
initiative
dismiss
untimely
state
prisoner
petition
writ
habeas
corpus
antiterrorism
effective
death
penalty
act
aedpa
stat
sets
limitation
period
filing
petitions
running
date
judgment
became
final
conclusion
direct
review
expiration
time
seeking
review
clock
stopped
however
time
petitioner
properly
filed
application
state
postconviction
relief
pending
eleventh
circuit
precedent
tolling
period
include
days
petitioner
might
sought
certiorari
review
challenging
denial
postconviction
relief
coates
byrd
case
us
state
answer
federal
habeas
petition
agree
petition
timely
filed
days
untolled
time
app
inspecting
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attachments
federal
magistrate
judge
determined
state
miscalculated
tolling
time
circuit
precedent
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time
days
rendering
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three
weeks
affording
petitioner
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show
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magistrate
judge
recommended
dismissal
petition
district
adopted
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judge
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appeals
affirmed
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timeliness
state
patently
erroneous
compromise
authority
district
sua
sponte
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habeas
petition
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presented
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lacks
authority
initiative
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petition
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timeliness
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litigation
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time
limitation
forfeited
raised
defendant
answer
amendment
thereto
fed
rules
civ
proc
count
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state
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statute
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petitioner
patrick
day
convicted
murder
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years
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florida
trial
day
unsuccessfully
appealed
sentence
affirmed
december
day
seek
review
final
decision
time
expired
march
three
hundred
days
later
day
unsuccessfully
sought
state
postconviction
relief
florida
trial
judgment
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appeal
appellate
issued
mandate
december
see
nyland
moore
florida
law
appellate
order
pending
mandate
issues
days
thereafter
january
day
petitioned
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relief
asserting
several
claims
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assistance
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counsel
magistrate
judge
finding
petition
proper
form
app
ordered
state
file
answer
responsive
pleading
state
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limitation
defense
see
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circuit
precedent
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coates
state
calculated
petition
filed
days
untolled
time
therefore
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state
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followed
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circuit
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pet
cert
district
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hether
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earlier
jackson
secretary
dept
corrections
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circuit
ruled
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sponte
timeliness
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circuit
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nom
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circuits
question
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district
may
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concession
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compare
long
wilson
case
scott
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nardi
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ii
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error
state
consequent
adequacy
independence
grounds
judgment
see
brewer
marshall
rosario
sweger
chesney
yeatts
angelone
magouirk
phillips
sowell
bradshaw
kurzawa
jordan
king
kemna
en
banc
vang
nevada
wiseman
moon
head
petitioner
day
relies
heavily
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rules
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courts
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prisoners
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prisoner
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ford
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described
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reasons
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affirmed
patrick
day
petitioner
james
mcdonough
interim
secretary
florida
department
corrections
writ
certiorari
appeals
eleventh
circuit
april
justice
stevens
justice
breyer
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circuit
april
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scalia
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hereinafter
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rel
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wright
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secretary
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emphasis
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scalia
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