Melky Terry v. Donald Gaetz

ORDER

Melky Terry is serving a life sentence in Illinois for first-degree murder. After a series of appeals and requests for postcon-viction relief, Terry filed a federal petition for a writ of habeas corpus in 2006. The district court dismissed Terry’s habeas petition as untimely. We conclude that the district court used an incorrect date in calculating whether the one-year statute of limitations under the Antiterroism and Effective Death Penalty Act (“AEDPA”) had run by the time Terry filed his petition. Using the correct date, Terry’s habeas petition was timely. We therefore reverse the…