Thompson v. Secretary, Department of Corrections

Ricardo D. Thompson (“Thompson”), a state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). We granted Thompson a Certificate of Appealability on the following issue:

Whether, in light of Delaney v. Fla. Dep’t of Corr., 246 F.3d 1328, 1330-31 (11th Cir.2001), the district court erred by dismissing [Thompsonj’s 28 U.S.C. § 2254 petition as time-barred where it determined that a state petition for a writ of habeas corpus, which ultimately was dismissed for using the wrong…