Phillip Van Zant v. FL Parole Commission

Appellant Phillip Van Zant appeals from the dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court dismissed Van Zant’s petition on the ground that it was untimely under the one year statute of limitations established by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), codified at 28 U.S.C. § 2244(d)(1). Van Zant argued below that the one-year statute of limitations was tolled pursuant to 28 U.S.C. § 2244(d)(2).

This court granted a certificate of ap-pealability (“COA”) as to the issue of whether the district court erred in determining…