Opinion
No. 09-14820 Non-Argument Calendar.
August 18, 2010.
Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Ford.
Carol M. Dittmar, Tampa, FL, for Respondents-Appellees.
Appeal from the United States District Court for the Middle District of Florida (No. 07-00333-CV-UA-SPC); Sheri P. Chappell, Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES.
Before DUBINA, Chief Judge, and EDMONDSON and PRYOR, Circuit Judges.
This appeal is before us on remand from the Supreme Court. See Ford v. McNeil, ___ U.S. ___, 130 S.Ct. 3453, ___ L.Ed.2d ___ (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 This Court denied in an unpublished order James D. Ford's application for a certificate of appealability about the issue whether Ford is entitled to equitable tolling of the one-year limitations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, 177 L.Ed.2d 130 (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.