Patrick Day v. James Crosby
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Patrick Day, a Florida prisoner, appeals pro se the dismissal of his petition for a writ of habeas corpus under 28 U.S.C. section 2254. The district court dismissed Day’s petition sua sponte after deciding that it was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), even though the state erroneously conceded that Day’s petition was timely. We granted Day a certificate of appealability to determine whether the district court could sua sponte dismiss an untimely petition despite a concession of timeliness by the state. We conclude that a concession of timeliness…
2Cases cited13 opinions
- Duncan v. WalkerSupreme Court of the United States · 2001
- Williams v. TaylorSupreme Court of the United States · 2000
- Calderon v. ThompsonSupreme Court of the United States · 1998
- Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
- Michael T. Herbst v. Dave Cook, Director Oregon Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2001
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3Cited by30 opinions
- Day v. McDonoughSupreme Court of the United States · 2006
- Rozzelle v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
- Sweet v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2006
- Michael Duane Zack, III v. Kenneth S. TuckerCourt of Appeals for the Eleventh Circuit · 2013
- Taylor v. Holiday Isle, LLCDistrict Court, S.D. Alabama · 2008
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