Opinion
Case No. 6:06-cv-285-Orl-28DAB.
November 8, 2006
ORDER
Respondents filed a response (Doc. No. 10, filed September 12, 2006) to the instant petition contending that it was not timely filed. In calculating the one year period under 28 U.S.C. § 2244(d), Respondents admit that the one-year period was tolled during the pendency of Petitioner's Rule 3.850 proceedings, but assert that the tolling was through October 25, 2005, the date of the Florida Fifth District Court of Appeal's decision. However, mandate was not issued until November 15, 2005. Respondents cite no authority for the proposition that the tolling runs through the date of the decision, rather than the date of mandate. Accordingly, within TWENTY (20) DAYS from the date of this Order, Respondents shall file an amended response which addresses this issue.
DONE AND ORDERED.