Derrell J. Chamblee v. State of Florida

BRANCH, Circuit Judge:

Derrell Chamblee, a Florida prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus as untimely. Chamblee argues that his § 2254 habeas corpus petition was not untimely because his state court judgment never became final within the meaning of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") due to a remand order issued by the state appellate court in his direct appeal that the trial court never acted upon. He maintains that as long as the remand order is pending in the state trial court, his state…