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Taylor v. Williams

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[PUBLISH]

Before TJOFLAT, ANDERSON and COX, Circuit Judges.

The petitioner, Johnel Edward Taylor, is serving sentences in a Georgia prison for murder and possession of a firearm. On July 8, 2005, he challenged the constitutional validity of his convictions in a petition for a writ of habeas corpus filed with the United States District Court for the Northern District of Georgia pursuant to 28 U.S.C. § 2254.*fn1 On October 26, 2006, the district court denied the writ as time-barred by the one-year statute of limitations created by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244(d)(1).*fn2 He thereafter filed a timely notice of appeal, and we granted his application for a certificate of appealability (“COA”) as to one issue: whether the district court erred when it found that the Georgia procedural rule, which deems a petition for post-conviction relief filed when it is received and marked as filed by the clerk of the petitioned court, governs the date when AEDPA’s one-year limitations period is tolled.

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