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HOWELL v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 13-10766.

730 F.3d 1257 (2013)

Paul A. HOWELL, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 13, 2013.

Attorney(s) appearing for the Case

Michael Robert Ufferman, Michael Ufferman Law Firm, PA, Tallahassee, FL, Sonya Rudenstine, Attorney at Law, Gainesville, FL, for Petitioner-Appellant.

Charmaine Mary Millsaps, Attorney General's Office, Tallahassee, FL, for Defendant-Appellee.

Before BARKETT, PRYOR and JORDAN, Circuit Judges.

PRYOR, Circuit Judge:

The issue in this appeal is whether the district court abused its discretion when it ruled that the decision in Holland v. Florida, 560 U.S. 631, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010), which altered our previous interpretation of the statute of limitations of one year for a petition for a writ of habeas corpus, 28 U.S.C. § 2244(d)(1), was not an extraordinary...

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