FORD v. SECRETARY DEPT. OF CORR., 614 F.3d 1241 (11th Cir. 2010)
James D. FORD, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OFCORRECTIONS, Attorney General of the State of Florida,Respondents-Appellees.
No. 09-14820 Non-Argument Calendar.United States Court of Appeals, Eleventh Circuit.
August 18, 2010.
Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Ford.
Carol M. Dittmar, Tampa, FL, for Respondents-Appellees.
Appeal from the United States District Court for the Middle District of Florida (No. 07-00333-CV-UA-SPC); Sheri P. Chappell, Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES.
Before DUBINA, Chief Judge, and EDMONDSON and PRYOR, Circuit Judges.
PER CURIAM:
This appeal is before us on remand from the Supreme Court.See Ford v. McNeil, ___ U.S. ___, 130 S.Ct. 3453,___ L.Ed.2d ___ (2010). This Court denied in an unpublished order James D. Ford's application for a certificate of appealability about the issue whether Ford is entitled to equitable tolling of the one-year limitations period in the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. § 2244(d). The Supreme Court vacated that order and remanded to this Court for further consideration in the light of Holland v.Florida, 560 U.S. ___, 130 S.Ct. 2549, 177 L.Ed.2d 130
(2010). We now remand to the district court for the limited purpose of conducting further proceedings and fact-finding — including, if necessary, an evidentiary hearing — consistent with the opinion and judgment of the Supreme Court inHolland.
LIMITED REMAND.