Waymond B. McDaniel v. Michael W. Moore

KENNEDY, Circuit Judge:

This appeal raises a single issue: whether the district court abused its discretion when it denied appellant Waymond McDaniel’s request to reopen the time to file a notice of appeal from an order in his underlying habeas corpus action. McDaniel pled guilty to second degree murder in Florida state court. He later filed a petition for writ of habeas corpus in federal district court, pursuant to 28 U.S.C. § 2254. The district court dismissed McDaniel’s petition with prejudice, finding that McDaniel had proeedurally defaulted on his claims. On November 9, 1999, the court…