BERNIE HARRY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LISA NORMIL, DECEASED, PLAINTIFF-APPELLANT,
v.
WAYNE MARCHANT, M.D., ALI BAZZI, M.D., ET AL., DEFENDANTS-APPELLEES

11th Cir. | 2001-07-31
No. 99-13205
Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.
259 F.3d 1310 Court of Appeals for the Eleventh Circuit (2001) Positive Treatment
Cited by 30 cases

Opinion of the Court
BY THE COURT:

BY THE COURT: A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (30 total)

  • Martin v. Secretary Walter A. McNEIL, 633 F.3d 1257 (11th Cir. 2011)
    …ely on the petitioner. Drew, 297 F. 3d at 1286. Mere conclusory allegations are insufficient to raise the issue of equitable tolling. See id. at 1292-93; Pugh v. Smith, 465 F. 3d 1295, 1300-01 (11th Cir.2006); Helton v. Sec’y for the Dep’t of Corr., 259 F. 3d 1310, 1314 (11th Cir.2001) (per curiam). San Martin argues that he is entitled to equitable tolling because he did not receive actual notice of the Supreme Court’s denial of his petition for writ of certiorari from his convictions and sentence until th…
  • Arthur v. Allen, 452 F.3d 1234 (11th Cir. 2006)
    …. The focus of the inquiry regarding “extraordinary circumstances” is “on the circumstances surrounding the late filing of the habeas petition” and not on the circumstances of the underlying conviction, Helton v. Secretary for the Dep’t. of Corr., 259 F. 3d 1310, 1314-15 (11th Cir.2001) (per curiam), and whether the conduct of others prevented the petitioner from timely filing, see Lawrence, 421 F. 3d at 1226. To show diligence, a petitioner claiming deficiencies in the prison law library must provide detai…
  • Drew v. Dep't OF Corr., 297 F.3d 1278 (11th Cir. 2002)
    …ision to dismiss a petition for a writ of habeas corpus. See Delancy v. Fla. Dep't of Corr., 246 F. 3d 1328, 1329 (11th Cir.2001). We also review a district court’s legal decision on equitable tolling de novo. See Helton v. Sec’y for Dep’t of Corr., 259 F. 3d 1310, 1312 (11th Cir.2001). However, the district court’s determinations of the relevant facts will be reversed only if clearly erroneous. See Dorsey v. Chapman, 262 F. 3d 1181, 1185 (11th Cir.2001). This standard requires us to affirm a district court’…

Previewing 3 of 30 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw