Legal Opinion
Michel v. United States
Court of Appeals for the Eleventh Circuit
Decided March 11, 2008No. 06-13982PublishedCited by 15 opinions
1Opinion of the Court
COX, Circuit Judge:
I. OVERVIEW
Georges Michel appeals the district court’s judgment dismissing as time-barred his 28 U.S.C. § 2255 motion to vacate his sentence. Michel’s original § 2255 motion was filed before the statute of limitations ran, but because it was unsigned, the district court clerk did not file and docket it until Michel provided a signed copy after the statutory deadline. Michel contends that amended Rule 3(b) Governing § 2255 Proceedings requires reversal. This amended rule requires the district court clerk to file and docket a § 2255 motion upon receipt, even if it does not…
2Cases cited6 opinions
- Clay v. United StatesSupreme Court of the United States · 2003
- Chudasama v. Mazda Motor Corp.Court of Appeals for the Eleventh Circuit · 1997
- Gonzales v. WyattCourt of Appeals for the Fifth Circuit · 1998
- Atlantis Development Corporation, Ltd. v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1967
- Sanots de Aza-Paez v. United StatesCourt of Appeals for the First Circuit · 2003
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3Cited by15 opinions
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- In re CrutchfieldUnited States Bankruptcy Court, M.D. Georgia · 2013
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- Aza v. United StatesDistrict Court, N.D. Alabama · 2024
- Chadrus Lequardra BrownUnited States Bankruptcy Court, N.D. Georgia · 2020
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