Perez v. Secretary, Department of Corrections

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION XAVIER PEREZ, Petitioner, v. Case No. 8:17-cv-311-MSS-UAM SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. ___________________________________/ O R D E R Perez petitions for a writ of habeas corpus under

28 U.S.C. § 2254

and challenges his state court convictions for lewd and lascivious battery and lewd and lascivious molestation (Doc. 32), the Respondent asserts that the amended petition is untimely (Docs. 35 and 45), and Perez replies that his amended petition is timely, the limitation period equitably tolled, and actual…