Cleveland Knight v. Derrick Schofield, 292 F.3d 709 (11th Cir. 2002). · Go Syfert
Cleveland Knight v. Derrick Schofield, 292 F.3d 709 (11th Cir. 2002). Cases Citing This Book View Copy Cite
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At page 711 Determining equitable tolling based on notice of state court denial53 citing casesholding equitable tolling warranted where Georgia Supreme Court clerk had assured Knight he would be notified when decision made but then sent decision to wrong person and Knight exercised due diligence in inquiring after 15 months had passed, but noting that “not in every case will a prisoner be e…11 citing courts put it this way · 51 listed here
  • Smith v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:21-cv-02615 (M.D. Fla. Jan. 26, 2024). 3 cites
    ([N]ot in every case will a prisoner be entitled to equitable tolling until he receives notice.)
  • Betancourt v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:20-cv-00709 (M.D. Fla. Jan. 5, 2023). 2 cites
    ([N]ot in every case will a prisoner be entitled to equitable tolling until he receives notice. Each case turns on its own facts.)
  • Ragan v. Horn, 598 F. Supp. 2d 677 (E.D. Pa. 2009).published 2 cites
    “after all statutory and equitable tolling periods are concluded, the petitioner should be given a reasonable time to file his federal habeas corpus motion.”
  • Friend, No. 1:25-cv-24695 (S.D. Fla. Feb. 24, 2026).
    Equitable tolling may similarly toll the AEDPA limitation period “when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Knight v. Schofield, 292 F.3d 709,…
  • Shevgert v. United States, No. 8:24-cv-02544 (M.D. Fla. June 4, 2025).
    Knight v. Schofield, 292 F.3d 709, 711 (11th Cir. 2002).
  • Berouty v. Sec'y, Dep't of Corr., No. 8:25-cv-00216 (M.D. Fla. Mar. 13, 2025).
    (stating that for purposes of equitable tolling, “[e]ach case turns on its own facts)
  • Bonilla-Rivera v. Sec'y, Dep't of Corr. (Manatee), No. 8:24-cv-00799 (M.D. Fla. Feb. 12, 2025).
    (stating that for purposes of equitable tolling, “[e]ach case turns on its own facts)
  • Le Boss v. Dixon, No. 1:24-cv-00098 (N.D. Fla. Jan. 28, 2025).
    (holding equitable tolling warranted where Georgia Supreme Court clerk had assured Knight he would be notified when decision made but then sent decision to wrong person and Knight exercised due diligence in inquiring aft…)
  • Roman v. Dep't of Corr., No. 8:24-cv-01202 (M.D. Fla. Dec. 23, 2024).
    (stating that for purposes of equitable tolling, “[e]ach case turns on its own facts)
  • Collins v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:20-cv-01073 (M.D. Fla. June 1, 2023).
    Knight v. Schofield, 292 F.3d 709, 711 (11th Cir. 2002), determined that the limitation period equitably tolled under similar circumstances: In this case, the fact that the Supreme Court of Georgia failed to notify Knight of its decision w…
Show 41 more citing cases
  • Gloster v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:19-cv-02394 (M.D. Fla. June 3, 2022).
    (stating that for purposes of equitable tolling, “[e]ach case turns on its own facts)
  • Yoder v. Sec'y, Dep't of Corr. (Sarasota Cnty.), No. 8:19-cv-02299 (M.D. Fla. May 23, 2022).
    (stating that for purposes of equitable tolling, “[e]ach case turns on its own facts)
  • Catherwood v. Sec'y, Dep't of Corr. (Hillsborough Cnty.), No. 8:21-cv-01469 (M.D. Fla. Apr. 29, 2022).
    (stating that for purposes of equitable tolling, “[e]ach case turns on its own facts)
  • Silva v. United States, No. 5:20-cv-08000 (N.D. Ala. June 29, 2021). 2 cites
    The court may toll the period of limitations if Silva “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. Florida, 560 U.S. 631…
  • Johnson v. Wexford Health Sources, Inc. (INMATE 1), No. 2:20-cv-00615 (M.D. Ala. Aug. 27, 2020).
    A federal limitation period “may be equitably tolled” when a plaintiff “untimely files because of extraordinary circumstances that are both beyond his control and unavoidable with diligence.” Sandvik v. United States, 177 F.3d 1269, 1271 (…
  • Mendoza v. Sec'y, Dep't of Corr., No. 8:17-cv-02044 (M.D. Fla. May 29, 2020).
    (in assessing equitable tolling, “[e]ach case turns on its own facts.)
  • Jackson v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:19-cv-03152 (M.D. Fla. May 18, 2020).
    (stating that in assessing equitable tolling, “[e]ach case turns on its own facts.)
  • Gilley v. Alabama Bd. of Pardons & Paroles (INMATE 2), No. 2:19-cv-00022 (M.D. Ala. July 24, 2019).
    To the extent Gilley’s response contains a request to invoke equitable tolling of the limitation period, case law directs that a federal limitation period “may be equitably tolled” when a litigant demonstrates “(1) that he has been pursuin…
  • Trimble v. Hansen, No. 18-1490, 2019 WL 990686 (10th Cir. Feb. 28, 2019).unpublished 2 cites
    Knight v. Schofield, 292 F.3d 709, 711 (11th Cir. 2002).
  • Pollock v. Sec'y, Dep't of Corr., 664 F. App'x 770 (11th Cir. 2016).unpublished 3 cites
    By contrast, in Knight v. Schofield, we determined that the petitioner was entitled to equitable tolling where the Supreme Court of Georgia assured him it would notify him when a decision was made, but sent the notification to the wrong pe…
  • Rabbani v. United States, 156 F. Supp. 3d 396 (W.D.N.Y. 2016).published
    Jan. 5, 2011) (citing Diaz, 515 F.3d at 154-55 (where Appellate Division failed to send petitioner notice of its order denying leave to appeal until petitioner inquired about the status of his case six months later, equitable tolling was a…
  • Harry Lee Butler v. Sec'y, 621 F. App'x 604 (11th Cir. 2015).unpublished
    Nor is it like Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.2002), where we ruled that equitable tolling was warranted because a state court had told a pro se petitioner that it would notify him concerning the disposition of his reques…
  • Jose Eduardo Lopez v. United States, 512 F. App'x 1001 (11th Cir. 2013).unpublished
    However, “not in every case will a prisoner be entitled to equitable tolling until he receives notice.” Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.2002).
  • French v. Carter, 828 F. Supp. 2d 1309 (S.D. Ga. 2012).published
    (tolling where clerk of state supreme court failed to notify petitioner of decision denying relief, as clerk had promised, petitioner then demonstrated diligence in pursuing information when it did not do so)
  • United States v. Buckles, 647 F.3d 883 (9th Cir. 2011).published
    (tolling where pro se habeas petition mishandled by district court clerk)
  • Griffin v. McNeil, 667 F. Supp. 2d 1340 (S.D. Fla. 2009).published
    “The doctrine of equitable tolling applies ‘when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.’ ” Id. (quoting Knight v. Schofield, 292 F.3d 709, 711 (1…
  • Hollinger v. Sec'y Dep't of Corr., 334 F. App'x 302 (11th Cir. 2009).unpublished 3 cites
    Knight, 292 F.3d at 711 (“The law is clear that [the petitioner] could not file a federal motion until his pending state application was denied. 28 U.S.C. § 2254 (b)-(c).
  • Earl v. Fabian, 556 F.3d 717 (8th Cir. 2009).published 2 cites
    Several other circuits have discussed the issue and held that the application of equitable tolling is warranted when there have been delays of similar length so long as the petitioner has pursued his rights with diligence. 3 See Diaz v. Ke…
  • David James v. Metro. Transit Auth., No. 01-08-00440-CV (Tex. App.—Houston [1st Dist.] Dec. 11, 2008).published
    As authority that this court has jurisdiction, appellant cites Knight v. Schofield , 292 F.3d 709, 711 (11th Cir. Ga. 2002) and Texas Rule of Civil Procedure 306a.
  • Ubaldo Mazola v. United States, 294 F. App'x 480 (11th Cir. 2008).unpublished
    The doctrine of equitable tolling applies “when *482 a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.200…
  • Downs v. McNeil, 520 F.3d 1311 (11th Cir. 2008).published
    Spottsville v. Terry, 476 F.3d 1241, 1245 (11th Cir.2007); Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.2002).
  • Diaz v. Kelly, 515 F.3d 149 (2d Cir. 2008).published
    See Jenkins v. Johnson, 330 F.3d 1146, 1155 (9th Cir.2003); Miller v. Collins, 305 F.3d 491, 495-96 (6th Cir.2002); Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.2002); Woodward v. Williams, 263 F.3d 1135, 1142-43 (10th Cir.2001); Phill…
  • Brown v. Barrow, 512 F.3d 1304 (11th Cir. 2008).published
    The doctrine of equitable tolling applies “when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.2002) (q…
  • Prophet Paulcin v. James R. McDonough, 259 F. App'x 211 (11th Cir. 2007).unpublished
    Further, “[ejach case turns on its own facts.” Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.2002).
  • White v. Ollison, 530 F. Supp. 2d 1077 (C.D. Cal. 2007).published
    See Miller v. Collins, 305 F.3d 491, 495-96 (6th Cir.2002) (petitioner entitled to equitable *1084 tolling when he provided declaration under penalty of perjury stating facts showing he did not timely receive state appellate court decision…
  • Michael Leon Powe v. Grant Culliver, 205 F. App'x 729 (11th Cir. 2006).unpublished 2 cites
    When evaluating whether a prisoner is entitled to equitable tolling, “[e]ach case turns on its own facts.” Knight v. Schofield, 292 F.3d 709, 711 (11th Cir.2002).
  • Drew v. Dep't of Corr., 297 F.3d 1278 (11th Cir. 2002).published
  • Logreira v. Sec'y for Dep't of Corr., 161 F. App'x 902 (11th Cir. 2006).unpublished
  • Smallwood v. Sec'y, Dep't of Corr., 178 F. App'x 944 (11th Cir. 2006).unpublished
  • Ilarion v. Sec'y for Dep't of Corr., 179 F. App'x 653 (11th Cir. 2006).unpublished
  • Thomas D. Arthur v. Richard F. Allen, 459 F.3d 1310 (11th Cir. 2006).published
  • Kenneth Bernard Rouse v. R.C. Lee, 314 F.3d 698 (4th Cir. 2003).published
  • Johnson, Curtis v. Chandler, Nedra, 224 F. App'x 515 (7th Cir. 2007).unpublished
  • Arthur v. Allen, 452 F.3d 1234 (11th Cir. 2006).published
  • Cooper v. Price, 82 F. App'x 258 (3d Cir. 2003).unpublished
  • Bowers v. Sec'y, Dep't of Corr. (Polk Cnty.), No. 8:18-cv-02126 (M.D. Fla. July 28, 2021).
  • Mcdaniel v. Toby, No. 5:22-cv-00198 (M.D. Ga. Dec. 15, 2022).
  • Michael Lacava v. Kenneth D. Kyler the Dist. Attorney for Philadelphia Cnty. the Attorney Gen. of the State of Pennsylvania, 398 F.3d 271 (3d Cir. 2005).published
  • Mashburn v. Comm'r, 713 F. App'x 832 (11th Cir. 2017).unpublished
  • Cramer v. Sec'y, Dep't of Corr., No. 5:16-cv-00489 (M.D. Fla. Oct. 2, 2019).
  • Rupp v. Sec'y, No. 3:17-cv-01101 (M.D. Fla. Jan. 19, 2021).
At page 710 Equitable tolling based on court misdirection11 citing casesnotifying the petitioner eighteen months after the decision was filed when the clerk promised petition *849 er that he would be promptly informed of the decision1 citing court put it this way
  • Eddie Lee Mitchell v. Warden Antonio McClain, No. 2:25-cv-00269 (M.D. Ala. Mar. 30, 2026). 2 cites
    For prisoners, like Petitioner, “whose convictions became final before the enactment of the AEDPA, the deadline for filing [ 28 U.S.C. § 2254 ] petitions was April 23, 1997.” Knight v. Schofield, 292 F.3d 709, 710 (11th Cir. 2002) (per cur…
  • Ashley L. Dunn v. Sec'y, Dep't of Corr., No. 19-12981 (11th Cir. Apr. 1, 2020).unpublished
    Similarly, in Knight v. Schofield, a clerk of the Georgia Supreme Court had assured a petitioner that he would be notified when the court ruled on his state habeas petition. 292 F.3d 709, 710 (11th Cir. 2002).
  • Alvin James Johnson v. Warden, No. 17-12989 (11th Cir. June 21, 2018).unpublished
    And in Knight v. Schofield, we held that a state prisoner was entitled to equitable tolling when he had received assurance from a clerk at a state court that he would be notified when the court ruled on his post-conviction motion, the cour…
  • Steven Fue v. Martin Biter, 842 F.3d 650 (9th Cir. 2016).published
    Knight v. Schofield, 292 F.3d 709, 710-11 (11th Cir. 2002) (per curiam). 1 Fue, also a pro se petitioner entitled to receive notice of the state court’s decision, acted diligently by contacting the court after . a reasonable amount of time…
  • Bob Jay Cole v. Warden, 768 F.3d 1150 (11th Cir. 2014).published
    See, e.g., Spottsville v. Terry, 476 F.3d 1241, 1243, 1245 (11th Cir.2007) (determining equitable tolling permissible, when state court misled pro se petitioner by instructing him to file his appeal in the incorrect state court); Knight v.…
  • Sallie v. Chatman, 34 F. Supp. 3d 1272 (M.D. Ga. 2014).published
    See Spottsville v. Terry, 476 F.3d 1241, 1245-46 (11th Cir.2007) (court’s misleading instructions are extraordinary circumstances); Knight v. Schofield, 292 F.3d 709, 710-11 (11th Cir.2002) (extraordinary circumstances found when Clerk of…
  • Michael Bell v. Florida Attorney Gen., 461 F. App'x 843 (11th Cir. 2012).unpublished
    (notifying the petitioner eighteen months after the decision was filed when the clerk promised petition *849 er that he would be promptly informed of the decision)
  • Sherwin S. Perkins v. Thomas Ammons, 366 F. App'x 86 (11th Cir. 2010).unpublished
    In Knight v. Schofield, 292 F.3d 709, 710-11 (11th Cir.2002), we applied equitable tolling when Knight received an assurance from the Georgia Supreme Court clerk that he would be notified when the court ruled on his state postconviction mo…
  • Pat Charest v. Troy King, 155 F. App'x 494 (11th Cir. 2005).unpublished
  • Drew v. Dep't of Corr., 297 F.3d 1278 (11th Cir. 2002).published
Show 1 more citing case
At page 712 Determining reasonable time for filing after equitable tolling7 citing casesgranting equitable tolling to petitioner misled by the Clerk of the Supreme Court of Georgia3 citing courts put it this way
  • Ragan v. Horn, 598 F. Supp. 2d 677 (E.D. Pa. 2009).published 2 cites
    Rather, once the “extraordinary circumstances” justifying equitably tolling have disappeared, the petitioner must file as soon as is “reasonably possible.” Walker v. Frank, 56 Fed.Appx. 577, 581-82 (3d Cir.2003) (not precedential) (“[I]n s…
  • Robert Campbell, 750 F.3d 523 (5th Cir. 2014).published
    (granting equitable tolling when petitioner was misled by state habeas court)
  • Merch. v. Gray, 2007 WY 208, 173 P.3d 410.published
    Knight v. Schofield, 292 F.3d 709, 712 (11th Cir.2002).
  • Raymond Outler v. United States, 485 F.3d 1273 (11th Cir. 2007).published 2 cites
    (granting equitable tolling where petitioner was misled by the clerk of court)
  • Daniel Andrew Spottsville v. William Terry, 476 F.3d 1241 (11th Cir. 2007).published
    (granting equitable tolling to petitioner misled by the Clerk of the Supreme Court of Georgia)
  • Michael Donald Dodd v. United States, 365 F.3d 1273 (11th Cir. 2004).published
  • Elsa Cabello v. Armando Fernandez-Larios, 402 F.3d 1148 (11th Cir. 2005).published
At page 709 “assured him that he would be notified as soon as a decision was made”0 citing cases4 citing courts quote it
    Retrieving the full opinion text from the archive…
    Cleveland KNIGHT, Petitioner-Appellant,
    v.
    Derrick SCHOFIELD, Respondent-Appellee
    00-12542.
    Court of Appeals for the Eleventh Circuit.
    May 31, 2002.
    Published opinion
    292 F.3d 709
    2002 U.S. App. LEXIS 10605
    2002 WL 1155770
    Ryan K. Walsh, Courtland Reichman (Court Appointed), King & Spalding, Atlanta, GA, for Petitioner-Appellant., Paula Khristian Smith, Daniel G. Ash-burn, GA Dept, of Law, Atlanta, GA, for Respondent-Appellee.
    Wilson, Roney, Alarcón.
    Cited by 88 opinions  |  Published
    PER CURIAM:

    This case involves application of equitable tolling to the one-year statute of limitations for filing habeas corpus petitions under 28 U.S.C. § 2254. Cleveland Knight, while incarcerated, filed an application for habeas corpus in Georgia state court. It was .denied, but Knight did not learn of the denial until nearly eighteen months later. Five months after learning of the denial, Knight filed a § 2254 motion in federal court. The district court denied the motion as untimely. We reverse.

    On June 27, 1988, Cleveland Knight was convicted of multiple felonies and sentenced to two life terms, plus sixty years. On June 27, 1995, he filed a state application for habeas corpus in the Superior Court of Gwinnett County, Georgia. After it was denied, he filed an application for discretionary review with the Supreme Court of Georgia. Knight asked the clerk of the court when he could expect a ruling. He was informed that he would be notified as soon as a decision was issued.

    On September 9, 1996, the Georgia Supreme Court denied Knight’s application for writ of certiorari, exhausting his state court remedies. The clerk of the Georgia Supreme Court inadvertently sent notice of the decision to the wrong person, and Knight was not informed. On January 16, 1998, Knight again contacted the Georgia Supreme Court to inquire as to the status of his case. Two months later, on March 4, 1998, the clerk of the Georgia Supreme Court informed Knight that his application had been denied some eighteen months earlier.

    Knight prepared a federal habeas corpus motion pursuant to 28 U.S.C. § 2254 and filed it with the district court on August 14,1998.

    On April 24, 1996, while Knight’s application to the Georgia Supreme Court was pending, the Antiterrorism and Effective Death Penalty Act (AEDPA) was enacted. Among other things, the AEDPA imposed a one-year limitations period on petitions for habeas corpus filed pursuant to 28 U.S.C. § 2254. For prisoners like Knight, whose convictions became final before the enactment of the AEDPA, the deadline for filing such petitions was April 23, 1997. Wilcox v. Fla. Dept. of Corr., 158 F.3d 1209 (11th Cir.1998) (citing Goodman v. United States, 151 F.3d 1335, 1337 (11th Cir.1998)).

    The district court concluded that Knight was entitled to only four and one-half months of grace period following actual notification from the Georgia Supreme[*711] Court that his state application was denied. Because Knight took ■ over five months to file his federal motion, the district court dismissed it as untimely.

    The district court correctly found that Knight is entitled to statutory tolling until his state remedies were exhausted on September 9, 1996, when the Georgia Supreme Court denied relief. See 28 U.S.C. § 2244(d)(2) (providing for statutory tolling of limitations period while state habeas corpus petition is pending). In addition, the AEDPA’s statute of limitations may be equitably tolled “when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence.” Sandvik v. United States, 177 F.3d 1269, 1271 (11th Cir.1999).

    The issue here is whether the fact that Knight was not informed of the final disposition of his state application until March 4, 1998 entitles him to equitable tolling until that date, and if so, the time within which his petition had to be filed.

    In this case, the fact that the Supreme Court of Georgia faded to notify Knight of its decision was certainly beyond Knight’s control. Knight, as a pro se imprisoned defendant, exercised diligence in inquiring about the decision. It is understandable that Knight did not make any inquiries until February of 1998 because the Georgia Supreme Court clerk had assured him that he would be notified as soon as a decision was made. After over a year had passed, Knight, on his own initiative, contacted the clerk seeking information about the status of his case. Until the clerk responded, Knight had no way of knowing that his state remedies had been exhausted. The law is clear that he could not file a federal motion until his pending state application was denied. 28 U.S.C. § 2254(b)-(e). Therefore, he had every reason to delay such filing until he knew that state relief had been denied. Such circumstances meet the requirements of Sandvik so that Knight was entitled to have the time limitations of AEDPA equitably tolled until the date that he received notice that the state court had denied relief. See Woodward v. Williams, 263 F.3d 1135 (10th Cir.2001) (holding that lack of knowledge of state court decision may provide basis for equitable tolling when prisoner acts diligently); Phillips v. Donnelly, 216 F.3d 508, 511 (5th Cir.2000) (holding that when prisoner diligently seeks information about the status of his case, the limitations period may be equitably tolled until he receives notice of its denial).

    We should note that not in every case will a prisoner be entitled to equitable tolling until he receives notice. Each case turns on its own facts. In this case Knight was assured that the court would contact him, then demonstrated diligence in pursuing information when it did not do so. These facts show that Knight is entitled to equitable tolling until March 4, 1998, the day he received notice of the final denial of the Georgia Supreme Court.

    The next question is how much time after that date should Knight have been given to file his motion. The Supreme Court has held that new statutes of limitations may not extinguish existing rights unless a “reasonable time” to commence suits is granted to those affected by the new statute. Texaco, Inc. v. Short, 454 U.S. 516, 527 n. 21, 102 S.Ct. 781, 70 L.Ed.2d 738 (1982). In the context of the AEDPA’s statute of limitations, this court has held that a “reasonable time” is one year. Wilcox v. Fla. Dept. of Corr., 158 F.3d 1209, 1211 (11th Cir.1998). After all statutory and equitable tolling periods are concluded, Knight should be given a reasonable time to file his federal habeas corpus motion. Following the guidance of Wilcox, there seems to be no reason why that “reasonable time” should be less than one year.

    [*712] The district court held that Knight was entitled, to four and one-half months after March 4, 1998, to file his federal motion. That was the time period between the enactment of the AEDPA and the denial of relief by. the Georgia Supreme Court. That time would seem to be irrelevant to what would be a “reasonable time” after the time begins to run after equitable tolling.

    Tolling means just what it says — the clock is stopped while tolling is in effect. In this case, Knight had one full year to file a federal motion after enactment of the AEDPA on April 24, 1996. The period was statutorily tolled while his state application was actually pending,' until September 9, 1996. The period was then equitably tolled while the Georgia Supreme Court failed to inform him of the disposition of his case, until March 4, 1998. Thus, on March 4, 1998, Knight should have been granted a reasonable time of one year from that date to file his federal motion.

    REVERSED AND REMANDED.