Eleventh Circuit: Travis D. Turner v. Secretary, Department of Corrections, et al.


Habeas petitioner filing after the statutory cutoff on a form filing where the untimeliness was facially apparent had an opportunity to challenge the propriety of the court's taking judicial notice of the dates on the state's docket for their convictions by having leave to reopen at the district court level to argue error, equitable tolling, or actual innocence.  Court did not abuse its discretion in initially dismissing the petition as untimely without a reply brief or magistrate's review.

 

Travis D. Turner v. Secretary, Department of Corrections, et al.