Seavey v. Secretary, Department of Corrections (Pinellas County)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ROY JOSEPH SEAVEY, Petitioner, v. Case No. 8:23-cv-227-MSS-AEP SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. ___________________________________/ O R D E R Seavey petitions for a writ of habeas corpus under

28 U.S.C. § 2254

and challenges his state court conviction for sexual battery on a minor (Doc. 3), the Respondent asserts that the amended petition is untimely (Doc. 6), and Seavey replies that his actual innocence excuses the time bar. (Docs. 7 and 8) After reviewing the pleadings and the relevant state court record…