GONZALEZ – Appellant
Versus
CROSBY, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, (2005) – Respondent
Petitioners federal habeas corpus petition was dismissed as time barred when the District Court concluded that the federal limitations period was not tolled while petitioners motion for postconviction relief was pending in state court. After petitioner abandoned his attempt to seek review of the District Courts decision, this Court decided that a state postconviction relief petition can toll the federal statute of limitations even if, like petitioners, the petition is ultimately dismissed as procedurally barred. Artuz v. Bennett,
Held:
1. Because petitioners Rule 60(
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