Daniel Lugo v. Secretary, Florida Department of Corrections

I agree with the Majority’s holdings that: (1) Mr. Lugo failed to demonstrate that he is entitled to equitable tolling under Holland v. Florida, 560 U.S. 631, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010); and (2) the District Court did not abuse its discretion when it denied Mr. Lugo’s Rule 60(b) motion. I write separately, however, be*1216cause Mr. Lugo’s case highlights a problem that we have seen before in our Court. The problem is the failure of state court-appointed collateral counsel to timely file a defendant’s first federal habeas petition, with the result that federal courts are being barred…