Frederick T. Steed v. Frederick Head, 219 F.3d 1298 (11th Cir. 2000). · Go Syfert
Frederick T. Steed v. Frederick Head, 219 F.3d 1298 (11th Cir. 2000). Cases Citing This Book View Copy Cite
318 citation events (303 in the last 25 years) across 23 distinct courts.
Strongest positive: Pat Charest v. Troy King (ca11, 2005-11-25)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Pat Charest v. Troy King
11th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
an attorney's miscalculation of the limitations period or mistake is not a basis for equitable tolling.
discussed Cited as authority (quoted) Ernest Shaw, Jr. v. Secretary, Department of Corrections
M.D. Fla. · 2026 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Deshawn Maceo Richardson v. United States of America
M.D. Fla. · 2026 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Burno v. Secretary, Department of Corrections (Lake)
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
section 2244 is a statute of limitations, not a jurisdictional bar.
discussed Cited as authority (quoted) Jones v. Secretary, Florida Department of Corrections (Polk County)
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Berouty v. Secretary, Department of Corrections
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Sampson v. Secretary, Department of Corrections (Hillsborough)
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Bonilla-Rivera v. Secretary, Department of Corrections (Manatee)
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Roman v. Department of Corrections, State of Florida (Pinellas County)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Griffin v. Secretary, Department of Corrections
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Butler v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Marin-Monroy v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Kitt v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Birchard v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Smith v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Lebed v. Secretary (Citrus County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Roseboro v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Williams v. Secretary, Department of Corrections (Manatee County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Jenkins v. Secretary, Department of Corrections (Hillsborough County) (2×) also: Cited as authority (rule)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Poole v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Arnesen v. Florida Attorney General (Pasco County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) White v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Betancourt v. Secretary, Department of Corrections (Polk County) (2×) also: Cited as authority (rule)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) King v. United States of America (INMATE 3)
M.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence low
mere attorney negligence does not justify equitable tolling. ... an attorney's miscalculation of the limitations period or mistake is not a basis for equitable tolling.
discussed Cited as authority (quoted) Powell v. Secretary, Department of Corrections
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Gloster v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Yoder v. Secretary, Department of Corrections (Sarasota County)
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Catherwood v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Finlayson v. State of Utah
D. Utah · 2022 · quote attribution · 1 verbatim quote · confidence low
an attorney's miscalculation of the limitations period or mistake is not a basis for equitable tolling.
discussed Cited as authority (quoted) Bowers v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Mendoza v. Secretary, Department of Corrections
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Jackson v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence low
equitable tolling is an extraordinary remedy which is typically applied sparingly.
discussed Cited as authority (quoted) Perez v. University of South Alabama
S.D. Ala. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
mere attorney negligence does not justify equitable tolling.
discussed Cited as authority (quoted) Mulder v. Nielson
D. Utah · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
an attorney's miscalculation of the limitations period or mistake is not a basis for equitable tolling.
discussed Cited as authority (quoted) Donald Roper v. Secretary, Florida Department of Corrections
11th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence low
any miscalculation or misinterpretation by attorney in interpreting the plain language of the statute does not constitute an extraordinary circumstance sufficient to warrant equitable tolling.
discussed Cited as authority (quoted) Ernest Cadet v. State of Florida Department of Corrections
11th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence low
any miscalculation or misinterpretation by steed's attorney in interpreting the plain language of does not constitute an extraordinary circumstance sufficient to warrant equitable tolling.
cited Cited as authority (rule) Anastacio M. Cerrito v. Secretary, Department of Corrections
11th Cir. · 2017 · confidence medium
An extraordinary circumstance exists only if the delay is “unavoidable even with diligence.” Steed, 219 F.3d at 1300.
discussed Cited as authority (rule) Ernest Cadet v. State of Florida Department of Corrections (2×) also: Cited "see"
11th Cir. · 2017 · confidence medium
Attorney miscalculation is simply not sufficient to warrant equitable tolling”); Steed, 219 F.3d at 1300 (“Any miscalculation or misinterpretation by Steed’s attorney in interpreting the plain language of [§ 2244(d)] does not constitute an extraordinary circumstance sufficient to warrant equitable tolling.”); Johnson v. Hendricks, 314 F.3d 159, 162-63 (3d Cir. 2002) (equitable tolling not warranted where the petitioner detrimentally relied on counsel’s erroneous advice that under § 2244(d) he had one year from the conclusion of his state post-conviction proceedings to file a § 225…
discussed Cited as authority (rule) Eric Rodriguez v. Secretary, Florida Department of Cprrections
11th Cir. · 2015 · confidence medium
“Equitable tolling is an extraordinary remedy which is typically applied sparingly.” Steed, 219 F.3d at 1300. “[A] peti *737 tioner is entitled to equitable tolling only if he shows (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.” Holland v. Fla., 560 U.S. 631 , 130 S.Ct. 2549 , 2562, 177 L.Ed.2d 130 (2010) (quotations omitted).
discussed Cited as authority (rule) Allen T. Luda v. Secretary, Florida Department of Corrections
11th Cir. · 2012 · confidence medium
A federal habe-as petitioner may be entitled to equitable tolling of the one-year limitation period, however, if he “untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Steed, 219 F.3d at 1300.
discussed Cited as authority (rule) Allen T. Luda v. Secretary, Florida Department of Corrections
11th Cir. · 2012 · confidence medium
A federal habeas petitioner may be entitled to equitable tolling of the one-year limitation period, however, if he “untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Steed, 219 F.3d at 1300.
discussed Cited as authority (rule) Edward Fox v. Sec. Walter A. McNeil
11th Cir. · 2010 · confidence medium
However, § 2244(d) is a statute of limitations, not a jurisdictional bar, and therefore the time limit may be equitably tolled “because of extraordinary circumstances that are both beyond [the petitioner’s] control and unavoidable even with diligence.” Steed, 219 F.3d at 1300 (quotation and citation omitted).
cited Cited as authority (rule) Kenneth Scott v. Warden Terry Duffy
11th Cir. · 2010 · confidence medium
“Mere attorney negligence does not justify equitable tolling.” Steed, 219 F.3d at 1300.
discussed Cited as authority (rule) Downs v. McNeil (2×)
11th Cir. · 2008 · confidence medium
Our precedents establish that equitable tolling of the limitations period is warranted “when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Steed, 219 F.3d at 1300 (internal quotation marks omitted).
discussed Cited as authority (rule) Wainwright v. Secretary, Department of Corrections (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
See Helton v. Sec’y for Dep’t of Corrections, 259 F.3d 1310, 1313 (11th Cir.2001); Steed, 219 F.3d at 1300; Sandvik v. United States, 177 F.3d 1269, 1272 (11th Cir.1999).
discussed Cited as authority (rule) Melendez v. Secretary, Department of Corrections (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
Our case law establishes that such a “miscalculation or misinterpretation by [petitioner’s] attorney in interpreting the plain language of the statute does not constitute an extraordinary circumstance sufficient to warrant equitable tolling.” Steed, 219 F.3d at 1300; Helton, 259 F.3d at 1313 .
cited Cited as authority (rule) Lisker v. Knowles
C.D. Cal. · 2006 · confidence medium
Davis, 158 F.3d at 811-12; Souter, 395 F.3d at 588 ; Steed 219 F.3d at 1300.
examined Cited as authority (rule) Thomas v. McDonough (4×)
M.D. Fla. · 2006 · confidence medium
For example, we have held that “[a]n attorney’s miscalculation of the limitations period or mistake is not a basis for equitable tolling,” Steed, 219 F.3d at 1300; see also Helton, 259 F.3d at 1313 (holding that an attorney’s miscalculation or misinterpretation does not constitute extraordinary circumstances), and that an attorney’s negligence was not a ground for equitable tolling where the petitioner’s habeas petition was filed outside of the AEDPA statute of limitations because his attorney used ordinary mail service.
examined Cited as authority (rule) Michael Leon Powe v. Grant Culliver (4×)
11th Cir. · 2006 · confidence medium
Helton, 259 F.3d at 1313 ; Steed, 219 F.3d at 1300; Sandvick, 177 F.3d at 1271-72.
cited Cited as authority (rule) Rusty Wiggins v. Warden Paul Thompson
11th Cir. · 2006 · confidence medium
“Equitable tolling is an extraordinary remedy which is typically applied sparingly.” Steed, 219 F.3d at 1300.
Retrieving the full opinion text from the archive…
Frederick T. STEED, Petitioner-Appellant,
v.
Frederick HEAD, Warden, Respondent-Appellee
99-13903.
Court of Appeals for the Eleventh Circuit.
Jul 26, 2000.
219 F.3d 1298
Brian Steel, Wolfe & Steel, P.C., Atlanta, GA, for Petitioner-Appellant., Daniel G. Ashburn, Georgia Dept, of Law, Atlanta, GA, for Respondent-Appel-lee.
Edmondson, Birch, Shapiro.
Published
7 passages pin-cited by 35 cases
Pinpoint authority: #1,496 of 633,719
Citer courts: M.D. Florida (27) · Eleventh Circuit (2) · D. Utah (2) · M.D. Alabama (1) · S.D. Alabama (1)
BIRCH, Circuit Judge:

Frederick T. Steed appeals the district court’s denial of his habeas corpus petition as untimely. Steed contends that his petition was not time-barred because the statute of limitations is tolled to include the ninety day period during which he could have petitioned the United States Supreme for certiorari review of the denial of his state habeas corpus petition. Alternatively, he argues that equitable tolling applies. We affirm for the reasons that follow.

I. BACKGROUND

On December 9, 1994, Steed was convicted for armed robbery and sentenced to twenty years’ imprisonment. On February 19, 1996, a Georgia court of appeals affirmed his conviction on direct appeal. On May 10, 1996, the Georgia Supreme Court denied Steed’s petition for writ of certiorari. Steed did not petition the United States Supreme Court for certiorari review of his direct appeal. On November 6, 1996, Steed filed a petition for habeas corpus in state court which was denied on March 19, 1997. On May 4, 1998, the Georgia Supreme Court denied Steed’s petition for a certificate of probable cause to appeal the denial of his petition. Steed did not petition the United States Supreme Court for certiorari review of the denial of his state habeas corpus petition. On April[*1300] 20,1999, Steed filed his petition for habeas corpus in federal court. The district court adopted a magistrate judge’s report and recommendation and denied the petition because it was time-barred. The district court reasoned that under the plain language of Section 2244(d)(2), “[a] petition for a writ of certiorari to the United States Supreme Court is not part of the state post-conviction process” and does not toll the statute of limitations under Section 2244(d)(2). The court also concluded that equitable tolling was not appropriate. This appeal followed.

II. DISCUSSION

Standard of Review

We review de novo the district court’s determination that the petition for federal habeas corpus relief was time-barred under section 2244(d). See Wilcox v. Florida Dept. of Corrections, 158 F.3d 1209, 1211 n. 4 (11th Cir.1998).

We affirm on the issue of whether the statute of limitations tolling provision in 28 U.S.C. § 2244(d)(2) includes the time for seeking certiorari review by the United States Supreme Court based on Coates v. Byrd, 211 F.3d 1225 (11th Cir.2000) (holding that “the time during which a petition for writ of certiorari is pending, or could have been filed, following the denial of collateral relief in the state courts, is not to be subtracted from the running of time for 28 U.S.C. § 2244(d)(1)”).

Steed contends that the limitations period is subject to equitable tolling because his calculation of the statute of limitations depended on an interpretation of a novel legal issue and he was required to interpret Section 2244(d)(2) in the absence of “clear law.” We review the district court’s determination that equitable tolling is inapplicable de novo. See Sandvik v. United States, 177 F.3d 1269, 1270-71 (11th Cir.1999); see also Justice v. United States, 6 F.3d 1474, 1478 (11th Cir.1993).

Section 2244 is a statute of limitations, not a jurisdictional bar. Therefore, it permits equitable tolling “when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Sandvik, 177 F.3d at 1271. Equitable tolling is an extraordinary remedy which is typically applied sparingly. See Irwin v. Dept. of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990). Mere attorney negligence does not justify equitable tolling. See Sandvik, 177 F.3d at 1270; see also Justice, 6 F.3d at 1480 (quoting Irwin, 498 U.S. at 96, 111 S.Ct. 453 (“‘principles of equitable tolling ... do not extend to what is at best a garden variety claim of excusable neglect’ ”)). An attorney’s miscalculation of the limitations period or mistake is not a basis for equitable tolling. See Harris v. Hutchinson, 209 F.3d 325, 330-31 (4th Cir.2000) (prisoner seeking federal habeas corpus relief claimed that he relied on his attorney’s misinterpretation of section 2244(d)(1) limitations period); Taliani v. Chrans, 189 F.3d 597, 597-98 (7th Cir.1999) (prisoner seeking federal habeas corpus relief claimed that his attorney miscalculated section 2244(d)(1) limitations period due to inadequate research). Any miscalculation or misinterpretation by Steed’s attorney in interpreting the plain language of the statute does not constitute an extraordinary circumstance sufficient to warrant equitable tolling.

III. CONCLUSION

We conclude that Section 2244(d)(2) does not permit the tolling of the statute of limitations for the period of time a defendant could have petitioned the United States Supreme Court for certiorari review of the denial of state habeas corpus relief. Moreover, the record does not support the application of the doctrine of equitable tolling. Steed’s petition for federal habeas corpus relief was time-barred.

AFFIRMED.