Eleventh Circuit:Alfonso Ponton v. Secretary, Florida Department of Corrections

Where a court recharacterizes a pleading as a habeas filing without informing the deft/petitioner, the petition does not count towards the statutory limit on second and successive findings; this rule applies to initial filings that predate the supreme court decision that established the rule.

http://media.ca11.uscourts.gov/opinions/pub/files/201610683.pdf