James D. Ford v. Sec, DOC, et al.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 18, 2010
JOHN LEY
CLERK
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-14820
Non-Argument Calendar
________________________
D. C. Docket No. 07-00333-CV-UA-SPC
JAMES D. FORD,
Petitioner-Appellant,
versus
SECRETARY, DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL OF THE STATE OF FLORIDA,
Respondents-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(August 18, 2010)
ON REMAND FROM THE
SUPREME COURT OF THE UNITED STATES

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Before DUBINA, Chief Judge, EDMONDSON and PRYOR, Circuit Judges.
PER CURIAM:
This appeal is before us on remand from the Supreme Court. See Ford v.
McNeil, __ S. Ct. __, No. 09-7493 (June 21, 2010). This Court denied in an
unpublished order James D. Ford’s application for a certificate of appealability
about the issue whether Ford is entitled to equitable tolling of the one-year
limitations period in the Antiterrorism and Effective Death Penalty Act, 28 U.S.C.
§ 2244(d). The Supreme Court vacated that order and remanded to this Court for
further consideration in the light of Holland v. Florida, 560 U.S. __, 130 S. Ct.
2549 (2010). We now remand to the district court for the limited purpose of
conducting further proceedings and fact-finding—including, if necessary, an
evidentiary hearing—consistent with the opinion and judgment of the Supreme
Court in Holland.
LIMITED REMAND.

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