Legal Opinion
Diaz v. Secretary for the Department of Corrections
Court of Appeals for the Eleventh Circuit
Decided March 10, 2004No. 02-10114PublishedCited by 94 opinions
1Per curiam
Petitioner-Appellant, Lazaro Diaz, appeals the district court’s decision dismissing his petition for habeas relief pursuant to 28 U.S.C. § 2254, as amended by the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). On appeal, he contends that the one-year limitations period found in 28 U.S.C. § 2244(d)(1) should be equitably tolled for two reasons. First, he claims that the district court granted his motion for voluntary dismissal of his initial petition without affording him notice that the dismissal might effectively result in any later petition being time-barred. Second, he argues…
2Cases cited8 opinions
- Duncan v. WalkerSupreme Court of the United States · 2001
- Castro v. United StatesSupreme Court of the United States · 2003
- Sandvik v. United StatesCourt of Appeals for the Eleventh Circuit · 1999
- United States v. Quentin Miller, A/K/A "Q" Quentin MillerCourt of Appeals for the Third Circuit · 1999
- Murray v. United StatesCourt of Appeals for the Eleventh Circuit · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Borden v. AllenCourt of Appeals for the Eleventh Circuit · 2011
- Chavers v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2006
- Raymond Outler v. United StatesCourt of Appeals for the Eleventh Circuit · 2007
- Hutchinson v. FloridaCourt of Appeals for the Eleventh Circuit · 2012
- Prophet Paulcin v. James R. McDonoughCourt of Appeals for the Eleventh Circuit · 2007
89 more not listed; retrieve them via the Exa API.