Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, December 21, 2004

2241 Time Bar Same as 2254's

In Peoples v.Chatman, No. 03-12384 (Dec. 20, 2004), the Court (Anderson, Wilson, Owens b.d.) reaffirmed the holdings of Medberry v. Crosby, 351 F.3d 1049 (11th Cir. 2003) and Thomas v. Crosby, 371 F.3d 782 (11th Cir. 2004), and held that the one-year time bar of 28 U.S.C. § 2244(d) applies not just to habeas petitions brought pursuant to 28 U.S.C. § 2254, but also to those brought pursuant to § 2241. Accordingly, Peoples’ § 2241 habeas petition, which was filed after the statute of limitations expired, was time-barred.