From Casetext: Smarter Legal Research

Howell v. Crosby

United States Court of Appeals, Eleventh Circuit
Jul 6, 2005
415 F.3d 1250 (11th Cir. 2005)

Summary

holding that a federal habeas petitioner is not entitled to equitable tolling merely because the state court granted an extension of time to file his state postconviction petitions

Summary of this case from Dunn v. Sec'y, Dep't of Corr.

Opinion

No. 04-16542.

July 6, 2005.

Baya Harrison III, Monticello, FL, Clyde M. Taylor, Jr. (Court-Appointed), Tallahassee, FL, for Howell.

Charmaine M. Millsaps, Tallahassee, FL, for Crosby.

Appeal from the United States District Court for the Northern District of Florida.

Before BIRCH, BARKETT and PRYOR, Circuit Judges.


The only issue in this appeal is whether the district court erred when it dismissed as untimely the petition for a writ of habeas corpus filed by Paul A. Howell, a Florida prisoner under a sentence of death. Howell concedes that he did not file his petition within the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1), but Howell argues that he is entitled to equitable tolling under section 2244(d)(2). Howell contends that the statute of limitations should be tolled because the private attorney appointed to represent Howell during his state postconviction proceedings failed to file a petition for state postconviction relief within one year after Howell's conviction and sentence became final. Because any negligence of Howell's attorney fails to satisfy either of the two prerequisites for equitable tolling, we affirm the dismissal of Howell's petition.

A Florida jury convicted Howell of making the pipe bomb that killed Florida State Trooper Jimmy Fulford. Howell's conviction and capital murder sentence became final on June 26, 1998, when the Supreme Court of the United States denied Howell's petition for a writ of certiorari. Howell v. State, 707 So.2d 674 (Fla.), cert. denied, 524 U.S. 958, 118 S.Ct. 2381, 141 L.Ed.2d 747 (1998). Howell had one year within which he could file a petition for a writ of habeas corpus in a federal district court, but "a properly filed application for State post-conviction or other collateral review" would have tolled the federal statute of limitations. 28 U.S.C. § 2244(d)(1)(A), (d)(2). On December 21, 1998, the Circuit Court of Jefferson County, Florida, appointed an attorney to represent Howell in his state postconviction proceeding. On March 19, 1999, Howell's attorney filed a motion for an extension of time within which to file a petition for postconviction relief. That motion was granted, and Howell's attorney filed a state petition for postconviction relief on August 30, 1999, more than two months after the federal limitations period elapsed. It is undisputed that Howell's motion for an extension of time did not meet the criteria of section 2244(d)(2) as a "a properly filed application" for postconviction relief. Artuz v. Bennett, 531 U.S. 4, 8, 121 S.Ct. 361, 364, 148 L.Ed.2d 213 (2000) ("an application" for state postconviction relief "is `properly filed' when its delivery and acceptance are in compliance with the applicable laws and rules governing filings"); State v. Boyd, 846 So.2d 458, 459-60 (Fla. 2003) (distinguishing motions for extensions of time, under Fla. R.Crim. P. 3.050, and those for postconviction relief, under Fla. R.Crim. P. 3.850).

Howell must rely on equitable tolling, "an extraordinary remedy which is typically applied sparingly," Steed v. Head, 219 F.3d 1298, 1300 (11th Cir. 2000), to have his federal habeas petition considered. "Equitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence." Sandvik v. United States, 177 F.3d 1269, 1271 (11th Cir. 1999). "This Court reviews de novo a district court's determination that a petition for federal habeas corpus relief is time-barred." Nix v. Sec'y for the Dep't of Corrs., 393 F.3d 1235, 1236 (11th Cir. 2004). "We also review a district court's legal decision on equitable tolling de novo. However, the district court's determinations of the relevant facts will be reversed only if clearly erroneous." Drew v. Dep't of Corrs., 297 F.3d 1278, 1283 (11th Cir. 2002) (internal citations omitted). Whether a petitioner was diligent is a finding of fact. Id.

Howell's argument for equitable tolling fails. Howell was not a victim of extraordinary circumstances beyond his control, and the district court did not commit clear error when it determined that Howell was not diligent. As we concluded in Sandvik, Steed, and Helton v. Secretary for the Department of Corrections, 259 F.3d 1310, 1313 (11th Cir. 2001), attorney negligence is not a basis for equitable tolling, especially when the petitioner cannot establish his own diligence in ascertaining the federal habeas filing deadline. The dismissal of Howell's petition as untimely by the district court is, therefore,

AFFIRMED.


Summaries of

Howell v. Crosby

United States Court of Appeals, Eleventh Circuit
Jul 6, 2005
415 F.3d 1250 (11th Cir. 2005)

holding that a federal habeas petitioner is not entitled to equitable tolling merely because the state court granted an extension of time to file his state postconviction petitions

Summary of this case from Dunn v. Sec'y, Dep't of Corr.

holding that § 2254 petitioner whose state post-conviction petition was timely filed pursuant to an extension of time granted by state court but which was filed more than one year after his conviction became final under § 2244(d) was entitled to neither statutory nor equitable tolling

Summary of this case from Johnson v. Florida

holding a motion for extension of time to file a post-conviction motion is not a properly filed application for post-conviction relief

Summary of this case from Perry v. Sec'y

holding that § 2254 petitioner whose state postconviction petition was timely filed pursuant to an extension of time granted by the state court but which was filed more than one year after his conviction became final under § 2244(d) was entitled to neither statutory nor equitable tolling

Summary of this case from Morrison v. Crews

holding a motion for extension of time to file a post-conviction motion is not a properly filed application for post-conviction relief

Summary of this case from Williams v. Sec'y, Dep't of Corr.

holding that § 2254 petitioner whose state post-conviction petition was timely filed pursuant to an extension of time granted by state court but which was filed more than one year after his conviction became final under § 2244(d) was entitled to neither statutory nor equitable tolling

Summary of this case from Taylor v. McNeil

finding no basis for equitable tolling "especially when the petitioner cannot establish his own diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Ricks v. Dills

rejecting federal habeas petitioner's argument that his petition was timely because it was his attorney's fault that it was late

Summary of this case from Gonzalez v. United States

stating that "attorney negligence is not a basis for equitable tolling, especially when the petitioner cannot establish his own diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Cordle v. Guarino

declining request for equitable tolling in part because petitioner could not "establish his own diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Haecker v. Sec'y, Dep't of Corr.

refusing to apply equitable tolling where petitioner could not "establish his own diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Dean v. Sec'y

refusing to apply equitable tolling where petitioner could not "establish his own due diligence in ascertaining the federal habeas filing deadline.

Summary of this case from Glen v. Sec'y, Fla. Dep't of Corr.

stating that “attorney negligence is not a basis for equitable tolling, especially when the petitioner cannot establish his own diligence in ascertaining the federal habeas filing deadline”

Summary of this case from Cintron-Boglio v. United States

refusing to apply equitable tolling where petitioner could not "establish his own due diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Johnson v. Secretary, Department of Corrections

refusing to apply equitable tolling where petitioner could not "establish his own due diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Snorsky v. Secretary, Department of Corrections

refusing to apply equitable tolling where petitioner could not "establish his own due diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Emanuel v. Secretary, Florida Dept. of Corrections

refusing to apply equitable tolling where petitioner could not "establish his own due diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Paschal v. Frazier

In Howell, the prisoner argued that he was entitled to equitable tolling because his attorney failed to file a motion for state post-conviction relief within one year after his conviction and sentence became final.

Summary of this case from Colon v. Crosby

stating "attorney negligence is not a basis for equitable tolling, especially when the petitioner cannot establish his own diligence in ascertaining the federal habeas filing deadline"

Summary of this case from Thomas v. McDonough
Case details for

Howell v. Crosby

Case Details

Full title:Paul A. HOWELL, Petitioner-Appellant, v. James V. CROSBY…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jul 6, 2005

Citations

415 F.3d 1250 (11th Cir. 2005)

Citing Cases

Thomas v. McDonough

Under Eleventh Circuit precedent, this contention must fail. InHowell v. Crosby, 415 F.3d 1250, 1251 (11th…

Howell v. Sec'y, Fla. Dep't of Corr.

The district court dismissed Howell's petition as untimely, and we affirmed. Howell v. Crosby, 415 F.3d 1250…