Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.

I would reverse the denial of Dan McCarthan’s claim and remand for the district court to consider the merits in the first instance. I am, for the most part, persuaded by Judge Jordan’s interpretation of the savings clause. I agree with his textual analysis of the clause, but I believe the equitable nature of the Great Writ dictates a different result than he reaches.

Judge Jordan states that the equitable nature of the Writ leads him to conclude that the savings clause applies to a prisoner who asserts a claim of actual innocence but not to a prisoner who, like MeCarthan, argues that his…