An attorney's miscalculation or mistake regarding the limitations period does not constitute the extraordinary circumstances required to justify equitable tolling.
A state prisoner files a federal habeas corpus petition after the one-year limitations period expires, arguing that the time available to seek Supreme Court certiorari review of state post-conviction relief tolls the statute of limitations or that equitable tolling applies due to legal uncertainty. The court holds that the statutory tolling provision does not include the period for seeking Supreme Court certiorari review. The court further determines that equitable tolling is an extraordinary remedy applied sparingly, only in truly extraordinary circumstances beyond the petitioner's control and unavoidable even with diligence. Because the petitioner's reliance on an attorney's miscalculation or misinterpretation of the statute does not meet this standard, the court affirms the denial of the petition as time-barred.
At page 1300 Determining applicability of equitable tolling for statute of limitations82 citing cases“equitable tolling is an extraordinary remedy which is typically applied sparingly.”
- Pat Charest v. Troy King, 155 F. App'x 494 (11th Cir. 2005).unpublished(An attorney’s miscalculation of the limitations period or mistake is not a basis for equitable tolling.)
- Middleton, No. 3:24-cv-00262 (M.D. Fla. June 10, 2026).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Ernest Shaw, Jr. v. Sec'y, Dep't of Corr., No. 8:26-cv-00165 (M.D. Fla. Feb. 24, 2026).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Deshawn Maceo Richardson v. United States, No. 3:22-cv-01376 (M.D. Fla. Feb. 9, 2026).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Burno v. Sec'y, Dep't of Corr. (Lake), No. 5:25-cv-00487 (M.D. Fla. Sept. 10, 2025).“section 2244 is a statute of limitations, not a jurisdictional bar.”
- Jones v. Sec'y, No. 8:25-cv-01953 (M.D. Fla. Sept. 4, 2025).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Berouty v. Sec'y, Dep't of Corr., No. 8:25-cv-00216 (M.D. Fla. Mar. 13, 2025).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Sampson v. Sec'y, Dep't of Corr. (Hillsborough), No. 8:22-cv-01713 (M.D. Fla. Feb. 25, 2025).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Bonilla-Rivera v. Sec'y, Dep't of Corr. (Manatee), No. 8:24-cv-00799 (M.D. Fla. Feb. 12, 2025).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Roman v. Dep't of Corr., No. 8:24-cv-01202 (M.D. Fla. Dec. 23, 2024).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
Show 72 more citing cases
- Griffin v. Sec'y, Dep't of Corr., No. 8:24-cv-00415 (M.D. Fla. Oct. 21, 2024).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Butler v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:23-cv-02660 (M.D. Fla. June 27, 2024).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Marin-Monroy v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:24-cv-00974 (M.D. Fla. May 30, 2024).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Kitt v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:21-cv-02415 (M.D. Fla. Apr. 12, 2024).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Birchard v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:21-cv-00805 (M.D. Fla. Apr. 4, 2024).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Smith v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:21-cv-02615 (M.D. Fla. Jan. 26, 2024).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Lebed v. Sec'y (Citrus Cnty.), No. 5:20-cv-00574, 2023 WL 6676138 (M.D. Fla. Oct. 12, 2023).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Roseboro v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:20-cv-02942 (M.D. Fla. Sept. 28, 2023).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Williams v. Sec'y, Dep't of Corr. (Manatee Cnty.), No. 8:20-cv-02608 (M.D. Fla. Aug. 15, 2023).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Jenkins v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:20-cv-01014 (M.D. Fla. Apr. 25, 2023). (Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Poole v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:20-cv-01983 (M.D. Fla. Mar. 31, 2023).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Arnesen v. Florida Attorney Gen. (Pasco Cnty.), No. 8:20-cv-02029 (M.D. Fla. Mar. 30, 2023).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- White v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:20-cv-00031 (M.D. Fla. Jan. 13, 2023).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Betancourt v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:20-cv-00709 (M.D. Fla. Jan. 5, 2023). (Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- King v. United States (INMATE 3), No. 3:20-cv-00564 (M.D. Ala. Oct. 23, 2022).(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.)
- Powell v. Sec'y, Dep't of Corr., No. 5:19-cv-00362 (M.D. Fla. Aug. 2, 2022).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Gloster v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:19-cv-02394 (M.D. Fla. June 3, 2022).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Yoder v. Sec'y, Dep't of Corr. (Sarasota Cnty.), No. 8:19-cv-02299 (M.D. Fla. May 23, 2022).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Catherwood v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:21-cv-01469 (M.D. Fla. Apr. 29, 2022).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Finlayson v. State of Utah, No. 2:19-cv-00599 (D. Utah Apr. 7, 2022).(An attorney’s miscalculation of the limitations period or mistake is not a basis for equitable tolling.)
- Bowers v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:18-cv-02126 (M.D. Fla. July 28, 2021).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Mendoza v. Sec'y, Dep't of Corr., No. 8:17-cv-02044 (M.D. Fla. May 29, 2020).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Jackson v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:19-cv-03152 (M.D. Fla. May 18, 2020).(Equitable tolling is an extraordinary remedy which is typically applied sparingly.)
- Perez v. Univ. of South Alabama, No. 1:18-cv-00528 (S.D. Ala. Aug. 15, 2019).(Mere attorney negligence does not justify equitable tolling.)
- Mulder v. Nielson, No. 2:18-cv-00098 (D. Utah June 18, 2019).(An attorney's miscalculation of the limitations period or mistake is not a basis for equitable tolling.)
- Donald Roper v. Sec'y, 686 F. App'x 759 (11th Cir. 2017).unpublished“any miscalculation or misinterpretation by the defendant's attorney in interpreting the plain language of the statute of limitations does not constitute an extraordinary circumstance sufficient to warrant equitable toll…”
- Ernest Cadet v. State of Florida Dep't of Corr., 742 F.3d 473 (11th Cir. 2014).published“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.”
- Daniel Johnson v. Justin Jones, 274 F. App'x 703 (10th Cir. 2008).unpublished(attorney’s ... mistake is not a basis for equitable tolling.)
- Anastacio M. Cerrito v. Sec'y, Dep't of Corr., 693 F. App'x 790 (11th Cir. 2017).unpublishedAn extraordinary circumstance exists only if the delay is “unavoidable even with diligence.” Steed, 219 F.3d at 1300.
- Ernest Cadet v. State of Florida Dep't of Corr., 853 F.3d 1216 (11th Cir. 2017).published 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…
- Eric Rodriguez v. Sec'y, 631 F. App'x 735 (11th Cir. 2015).unpublished“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…
- Allen T. Luda v. Sec'y, 469 F. App'x 834 (11th Cir. 2012).unpublished 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…
- Edward Fox v. Sec. Walter A. McNeil, 373 F. App'x 32 (11th Cir. 2010).unpublishedHowever, § 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 wit…
- Kenneth Scott v. Warden Terry Duffy, 372 F. App'x 61 (11th Cir. 2010).unpublished“Mere attorney negligence does not justify equitable tolling.” Steed, 219 F.3d at 1300.
- Downs v. McNeil, 520 F.3d 1311 (11th Cir. 2008).published 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…
- Wainwright v. Sec'y, Dep't of Corr., 537 F.3d 1282 (11th Cir. 2007).published 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).
- Melendez v. Sec'y, Dep't of Corr., 247 F. App'x 188 (11th Cir. 2007).unpublished 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 tollin…
- Lisker v. Knowles, 463 F. Supp. 2d 1008 (C.D. Cal. 2006).publishedDavis, 158 F.3d at 811-12; Souter, 395 F.3d at 588 ; Steed 219 F.3d at 1300.
- Thomas v. McDonough, 452 F. Supp. 2d 1203 (M.D. Fla. 2006).published 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 miscalculatio…
- Michael Leon Powe v. Grant Culliver, 205 F. App'x 729 (11th Cir. 2006).unpublished
- Gregory Miller v. James Crosby, 180 F. App'x 126 (11th Cir. 2006).unpublished
- Rusty Wiggins v. Warden Paul Thompson, 197 F. App'x 822 (11th Cir. 2006).unpublished
- Kris Edward Helton v. Sec. for the Dept. of Corr., No. 00-10097 (11th Cir. Nov. 21, 2000).published
- Gerald Tinker v. Michael Moore, 255 F.3d 1331 (11th Cir. 2001).published
- Charles Larry Jones v. United States, 304 F.3d 1035 (11th Cir. 2002).published
- Michael Donald Dodd v. United States, 365 F.3d 1273 (11th Cir. 2004).published
- United States v. Francisco Montano, 398 F.3d 1276 (11th Cir. 2004).published
- Gary Lawrence v. State of Florida, 421 F.3d 1221 (11th Cir. 2005).published
- Kris Edward Helton v. Sec'y for the Dep't of Corr., 233 F.3d 1322 (11th Cir. 2000).published
- Kris Edward Helton v. Sec'y for the Dep't of Corr., 259 F.3d 1310 (11th Cir. 2001).published
- Dunker v. Bissonnette, 154 F. Supp. 2d 95 (D. Mass. 2001).published
- Edward S. Locascio v. Florida Dep't of Corr., 687 F. App'x 832 (11th Cir. 2017).unpublished
- Howard v. Stewart, No. 1:17-cv-00196 (S.D. Ala. Oct. 29, 2019).
- Tony D. Thompson v. Hugh Smith, 173 F. App'x 729 (11th Cir. 2006).unpublished
- Ubaldo Mazola v. United States, 294 F. App'x 480 (11th Cir. 2008).unpublished
- Thomas D. Arthur v. Richard F. Allen, 459 F.3d 1310 (11th Cir. 2006).published
- Brown v. Barrow, 512 F.3d 1304 (11th Cir. 2008).published
- Pelz v. Shoecraft, 57 F. App'x 410 (10th Cir. 2003).unpublished
- Hall v. United Parcel Serv., Inc., 101 F. App'x 764 (10th Cir. 2004).unpublished
- Siebert v. Haley, 193 F. Supp. 2d 1260 (M.D. Ala. 2002).published
- Sallie v. Chatman, 34 F. Supp. 3d 1272 (M.D. Ga. 2014).published
- United States v. 2014 Mercedes-Benz GL350BLT, 162 F. Supp. 3d 1205 (M.D. Ala. 2016).published
- Arthur v. Allen, 452 F.3d 1234 (11th Cir. 2006).published
- McDaniel v. Suntrust Bank (In re McDaniel), 523 B.R. 895 (Bankr. M.D. Ga. 2014).published
- Cummings v. Sec'y, Dep't of Corr. (Lee Cnty.), No. 2:18-cv-00612 (M.D. Fla. Dec. 19, 2019).
- Hillfiger v. Sec'y, Dep't of Corr. (Polk), No. 8:21-cv-01624 (M.D. Fla. Apr. 15, 2024).
- Perez v. Sec'y, Dep't of Corr., No. 8:17-cv-00311 (M.D. Fla. Apr. 26, 2024).
- Kelly v. Dixon, No. 4:22-cv-00363 (N.D. Fla. Oct. 27, 2023).
- Anaya v. Jones, No. 0:17-cv-62058 (S.D. Fla. Mar. 8, 2021).
- Green v. Wilkinson, No. 8:24-cv-01182 (M.D. Fla. Apr. 23, 2025).
- Friend, No. 1:25-cv-24695 (S.D. Fla. Feb. 24, 2026).
- Dean, No. 2:25-cv-00543 (M.D. Ala. Mar. 31, 2026).
v.
Frederick HEAD, Warden, Respondent-Appellee
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.