Harry Elwood Penney v. Secretary, Department of Correctioins

COX, Circuit Judge:

A prisoner seeking a writ of habeas corpus in the federal courts has one year from the latest of four events named in 28 U.S.C. § 2244(d)(1) to file his application for the writ. Section 2244(d)(2), however, allows “properly filed” motions in the court of conviction for “post-conviction or other collateral review” to toll this one-year period of limitation during the time the motion remains pending.

Four years ago, we held in Alexander v. Secretary, Department of Corrections that a Florida inmate’s post-conviction motion filed pursuant to Florida Rule of Criminal Procedure…