William Eric Green v. USA, No. 13-14386 (11th Cir. 2015)
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Case: 13-14386 Date Filed: 04/15/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-14386 Non-Argument Calendar ________________________ D.C. Docket Nos. 6:13-cv-00077-BAE-GRS, 6:02-cr-00008-BAE-1 WILLIAM ERIC GREEN, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Georgia ________________________ (April 15, 2015) Before WILLIAM PRYOR, JULIE CARNES and FAY, Circuit Judges. PER CURIAM: William Green, a federal prisoner, appeals the dismissal sua sponte of his third motion to vacate as untimely. See 28 U.S.C. § 2255(f). The district court Case: 13-14386 Date Filed: 04/15/2015 Page: 2 of 2 issued a certificate of appealability on two issues: (1) “Whether Stewart v. United States, 646 F.3d 856 (11th Cir. 2011), justifies equitable tolling of 28 U.S.C. § 2255(f)’s one year statute of limitations given Green’s diligent pursuit of his claims both pre- and post-Stewart”; and (2) “Whether the Stewart decision itself constitutes a new fact that restarts the one year limitations period.” But the certificate fails to identify an issue of constitutional magnitude. See Spencer v. United States, 773 F.3d 1132, 1137 (11th Cir. 2014) (en banc). We vacate the certificate of appealability and remand for the district court to consider what claims, if any, in Green’s motion “ma[k]e a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c). VACATED AND REMANDED. 2
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