No. 19-8018

Timothy Humphrey v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-03-18
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 aedpa-limitations aedpa-limitations-period antiterrorism-and-effective-death-penalty-act federal-habeas federal-habeas-corpus postconviction-relief properly-filed state-court state-court-procedure time-barred
Latest Conference: 2020-05-15
Question Presented (from Petition)

Whether an application for state postconviction relief is "properly filed" within the meaning of Antiterrorism and Effective Death Penalty Act provision (28 U.S.C. § 2244(d)(2)) where, through no fault of his own, the motion remained "pending" for longer than the AEDPA limitations period, during which time the state court searched for a reason to render the motion improperly filed, ultimately impeded the claims from being heard?

Question Presented (AI Summary)

Whether an application for state postconviction relief is 'properly filed' within the meaning of Antiterrorism and Effective Death Penalty Act provision (28 U.S.C. § 2244(d)(2))

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2018-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2020)

Attorneys

Timothy Humphrey
Timothy Humphrey — Petitioner