Calvin Lamar Middleton v. Tony Patterson, No. 09-11013 (11th Cir. 2010)

Annotate this Case

Download PDF

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 09-11013 AUGUST 19, 2010 Non-Argument Calendar JOHN LEY ________________________ CLERK D. C. Docket No. 08-00330-CV-WS-C CALVIN LAMAR MIDDLETON, Petitioner-Appellant, versus TONY PATTERSON, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Alabama _________________________ (August 19, 2010) Before EDMONDSON, CARNES and MARTIN, Circuit Judges. PER CURIAM: In finding that Calvin Lamar Middleton s 28 U.S.C. § 2254 habeas corpus petition is time-barred, and that he is not entitled to equitable tolling of the applicable deadline, the district court reasoned that even if Middleton did not learn that his direct appeal was denied until December 2000, he still had until January 7, 2001 to file his petition. The district court, however, failed to address Middleton s assertion that he did not receive his case file from his attorney until January 2001. In light of that omission, as well as the Supreme Court s recent decision in Holland v. Florida, 560 U.S. __, 130 S.Ct. 2549 (2010), we vacate the judgment of the district court and remand for further consideration. We do so without implying any view on how the tolling issue should be decided on remand. VACATED AND REMANDED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.