Dolphy v. Warden, Central State Prison, No. 15-13392 (11th Cir. 2016)Annotate this Case
Petitioner appealed the dismissal of his 28 U.S.C. 2254 federal habeas petition because it was time-barred. The district court concluded that the state habeas proceedings became complete once the Georgia Supreme Court denied petitioner's application for a certificate of probable cause and the period for seeking reconsideration of that denial lapsed under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244(d)(2). The court held that, for purposes of section 2244(d)(2), when the Georgia Supreme Court denies a state habeas petitioner’s application for a certificate of probable cause, the petitioner’s proceedings remain “pending” until the court issues the remittitur for the denial. Applying this holding to petitioner, his section 2254 petition was timely. Accordingly, the court reversed and remanded.